Pr. Commissioner Of Income Tax ... vs Alok Industries Ltd. & Anr
- CitationCompany Appeal (AT)(Ins.)No.1093 of 2019
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal under the Insolvency and Bankruptcy Code has no jurisdiction to condone a delay in filing an appeal beyond the further period of fifteen days permitted after the initial thirty-day limitation period under the statutory provision cited, and where the appeal is filed beyond that outer limit it must be dismissed as barred by limitation without adjournment.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI
Company Appeal (AT)(Ins.)No.1093 of 2019 IN THE MATTER OF: Pr. Commissioner of Income Tax(Central)-3, Mumbai .....Appellant Vs. M/s. Alok Industries Ltd. & Anr. ......Respondents Present : For Appellant: Mr. Ajit Sharma, Advocate Mr. Ashutosh Senger, Advocates
For Respondents: Ms. Pallavi Pratap, Advocate for R-1
Mr. Vaijyant Paliwal, Mr. Nikhil Mathur, Advocates for R-2
O R D E R
24.10.2019 - Earlier, none appeared on behalf of the Appellant. It was
brought to the notice by the Learned counsel for the Respondent that the Appeal
is barred by 'Limitation', filed after a delay of 191 days and for the said reason;
the case was adjourned for today.
Today, when the matter was taken up, one of the Learned Counsel, Mr.
Ashutosh sought pass-over of the matter, for the reason that the Arguing
Learned counsel is busy in some other court. When the matter is taken up at
12.35 P.M., it is informed that the Prayer is made to adjourn the Appeal.
However, we find that the Appeal is barred by limitation and this 'Appellate
....contd.
2
Tribunal' has no jurisdiction to condone the delay beyond 15 days after the
period of filing of 30 days in terms of sub-section 2(61) of the 'I&B' Code. We are
not inclined to adjourn the matter.
The Appeal is dismissed being barred by Limitation.
Appeal and IA are dismissed being barred by Limitation.
[Justice S. J. Mukhopadhaya] Chairperson
[Justice Venugopal M.] Member (Judicial)
[Justice Jarat Kumar Jain] Member (Judicial)
ss/sk
Company Appeal (AT)(Ins.)No.1093 of 2019
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