M/s. Magppie International Ltd., Delhi V. DCIT, New Delhi

CO 234/DEL/2014

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6204 (ITAT-DELHI)
• Duration Of Justice: 9 year(s) 9 month(s) 15 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 27-06-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 25-06-2024
• Assessment Year: 2009-2010
• Appeal Filed On: 11-09-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUBHRA CHAKRABORTY

Judgement Text

1 ITA No. 126 & C.O No. 234/Del/2014 DCIT Vs. Magppie International Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘E’ NEW DELHI BEFORE SH. PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER I.T.A. No. 126/DEL/2014 (A.Y 2009-10) The DCIT Circle 6(1), Room No. 413, C. R. Building, I.P. Estate New Delhi (APPELLANT) Vs. M/s Magppie International Ltd. PD-4A, Pitampura, Delhi PAN No. AACCM4988Q (RESPONDENT) C.O No. 234/DEL/2014 (A.Y 2009-10) M/s Magppie International Ltd. PD-4A, Pitampura, Delhi PAN No. AACCM4988Q (APPELLANT) Vs. The DCIT Circle 6(1), Room No. 413, C. R. Building, I.P. Estate New Delhi (RESPONDENT) Assessee by : None Department by: Sh. Subhra Chakraborty, CIT DR Date of Hearing 26.06.2024 Date of Pronouncement 28.06.2024 2 ITA No. 126 & C.O No. 234/Del/2014 DCIT Vs. Magppie International Ltd. ORDER PER BENCH: The present appeal and Cross Objection are filed by the Revenue and the Assessee respectively for Assessment Year 2009-10 against the order of the Ld. Commissioner of Income Tax (Appeals)-IX, New Delhi, dated 28/10/2013. 2. None appeared for the assessee. The Ld. Departmental Representative brought to our notice that vide order dated 26/02/2020 passed by National Company Law Tribunal, New Delhi (‘NCLT’) in IB 2924/ND/2019, a Moratorium u/s 14 of the Insolvency and Bankruptcy Code 2016 (IBC Code 2016) has been imposed on the assessee. A copy of the order passed by the NCLT has been made available to the Bench. 3. Considering the fact that the NCLT, New Delhi, has imposed Moratorium on the Assessee Company, the present appeal filed by the Revenue and the Cross Objection of the Assessee will not survive. Therefore, both the Appeal filed by the Revenue and the 3 ITA No. 126 & C.O No. 234/Del/2014 DCIT Vs. Magppie International Ltd. Cross Objection filed by the Assessee are dismissed with a liberty to the Department and the Assessee to file appropriate application if so advised to recall this order after conclusion of the proceedings under IBC Code, 2016 . Order pronounced in the open court on 28 th JUNE, 2024. Sd/- Sd/- ( PRADIP KUMAR KEDIA ) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 28/06/2024 R.N, Sr. PS* Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA No. 126 & C.O No. 234/Del/2014 DCIT Vs. Magppie International Ltd.