ASST. COMMISSIONER OF INCOME-TAXCENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD V. MARUTI KOATSU CYLINDER LIMITED, HALOL, PANCHMAHAL

MA 46/AHD/2025

AI Insights

The case involves the Assistant Commissioner of Income-Tax Central Circle-1(1), Ahmedabad as the appellant and Maruti Koatsu Cylinder Limited as the respondent. The Revenue filed a Miscellaneous Application concerning an earlier Tribunal order dated 18.09.2024. The application was delayed by 59 days due to a heavy workload in March, as submitted by the Ld. DR. The respondent's company had undergone a resolution plan approved by the NCLT, which extinguished all government claims, including income tax. The Tribunal found the delay in filing the application to be inexcusable and dismissed the application, upholding the earlier decision that dismissed the assessee's appeal as infructuous.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 707122 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-07-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 29-05-2025
• Laws Referred To: Income Tax Act, 1961, Indian Bankruptcy Code 2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B.P. SRIVASTAVA
• Assessee Lawyers: S N DIVATIA

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE: Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER & SHRI NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER M.A. No.46/Ahd/2025 (In ITA No. 630/Ahd/2023) (Assessment Year: 2013-14) Asst. Commissioner of Income-Tax Central Circle-1(1), Ahmedabad बनाम/ Vs. Maruti Koatsu Cylinder Limited 1402/A, GIDC Industrial Estate, Halol, Motipura, B.O Navagam, Panchmahal-389350, Gujarat èथायी लेखा सं./जीआइआर सं./PAN/GIR No. : AABCM4108P (अपीलाथȸ /Appellant) .. (Ĥ×यथȸ / Respondent) अपीलाथê ओर से /Appellant by : Shri B. P. Srivastava, Sr. DR ÿÂयथê कì ओर से / Respondent by : Shri S N Divatia, AR सुनवाई कì तारीख / Date of Hearing 04/07/2025 घोषणा कì तारीख /Date of Pronouncement 08/07/2025 O R D E R PER Ms. SUCHITRA KAMBLE - JM: This Miscellaneous Application is filed by the Revenue in respect of order dated 18.09.2024 passed by the Tribunal. 2. Ld. DR submitted that there is a delay of 59 days in filing the present miscellaneous application due to the fact that due to heavy work load during the month of March, Revenue could not file the miscellaneous application within the prescribed time limit. The Ld. DR submitted the letter of the MA No. 46/Ahd/2025 (ACIT vs. Maruti Koatsu Cylinder Limited) A.Y. 2013-14 - 2 – concerned ACIT/AO dated 02.07.2025. Further, the Ld. DR submitted that the assessee company has adopted a resolution plan and the Hon’ble NCLT has vide order dated 22.10.2019 given direction thereby passing the resolution plan under the Indian Bankruptcy Code 2016, which was approved. The Ld. DR submitted that since the Hon’ble NCLT in para 18 & 19 of the order made it clear that its order doesn’t mean automatic waiver or abetment of any legal proceedings which are pending by or against the Company/corporate Debtor as those are the subject matter of the concerned Competent Authorities having their proper/own jurisdiction to pass any appropriate order as the case may be. Thus, the Ld. DR submitted that the issues were not decided by the Tribunal on merits and, therefore, requested to recall the order dated 18.09.2024. 3. Ld. AR submitted that the assessee’s appeal has been dismissed as infructuous but the word ‘dismissed’ should have been amended to that of “allowed/disposed of”. The Ld. AR further submitted that the department is seeking review and hence, the present miscellaneous application be dismissed. 4. We have heard both the parties and perused all the relevant materials available on record. It is pertinent to note that the present miscellaneous application has been filed belatedly by 59 days and the Tribunal doesn’t have power to condone the delay when the miscellaneous application is filed u/s.254 of the Income Tax Act, 1961. Hence, the present miscellaneous application does not sustain being time barred. Besides this, the Tribunal has dismissed the assessee’s appeal as infructuous, since, the NCLT has approved the application filed u/s.13(6) of the Indian Bankruptcy Code 2016 which categorically mentions that under Section 13(6), all the claims of the Government including Income Tax Department stands extinguished. Thus, the MA No. 46/Ahd/2025 (ACIT vs. Maruti Koatsu Cylinder Limited) A.Y. 2013-14 - 3 – assessee’s appeal has rightly been dismissed as infructuous and there is no need to entertain the plea of the Ld. AR as well. Thus, the present miscellaneous application filed by the Revenue is dismissed. 5. In result, Miscellaneous Application filed by the Revenue is dismissed. This Order pronounced on 08/07/2025 Sd/- Sd/- (NARENDRA PRASAD SINHA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 08/07/2025 S. K. SINHA True Copy आदेश कȧ Ĥितिलǒप अĒेǒषत/Copy of the Order forwarded to : 1. अपीलाथȸ / The Appellant 2. Ĥ×यथȸ / The Respondent. 3. संबंिधत आयकर आयुƠ / Concerned CIT 4. आयकर आयुƠ(अपील) / The CIT(A)- 5. ǒवभागीय Ĥितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड[ फाईल / Guard file. आदेशानुसार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad "