SANDEEP GUPTA, FARIDABAD V. CIT, FARIDABAD

ITA 1201/DEL/2019

AI Insights

The case involves Sandeep Gupta, who filed an appeal against the order of the Pr. Commissioner of Income Tax, Faridabad, concerning an assessment order for the assessment year 2013-14. The appeal was complicated by the fact that Gupta had initiated an Insolvency Resolution process under the Insolvency & Bankruptcy Code, 2016, and an IRP was appointed by the NCLT. The tribunal noted that under these circumstances, Gupta could not represent himself and required the IRP to take over the legal proceedings.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131314 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 02-10-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 13-02-2019
• Laws Referred To: Income-tax Act, 1961, Insolvency & Bankruptcy Code, 2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N. G. JOSEPH GANSTE
• Assessee Lawyers: DEEPANSHU SINHA; FILING REVISED FORM NO.
• Section: 143(3)

Judgement Text

Page | 1 Income Tax Appellate Tribunal Delhi Bench “G”: New Delhi Before Shri M. Balaganesh, Accountant Member and Shri Anubhav Sharma, Judicial Member ITA No. 1201/Del/2019 (Assessment Year: 2013-14) Sandeep Gupta, 1476, Sector-14, Faridabad, Haryana Vs. CIT, Faridabad (Appellant) (Respondent) PAN: AEMPG2457H Assessee by : Shri Deepanshu Sinha, Adv Revenue by: Shri N. G. Joseph Ganste, CIT DR Date of Hearing 03/10/2023 Date of pronouncement 05/10/2023 O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in ITA No. 1201/Del/2019 for AY 2013-14, arises out of the order of the Pr. Commissioner of Income Tax, Faridabad [hereinafter referred to as ‘ld. Pr. CIT’, in short] dated 22.03.2018 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 05.11.2015 by the Assessing Officer, Income Tax Officer, Ward- 22,(3), Faridabad (hereinafter referred to as ‘ld. AO’). 2. At the outset, the ld AR placed on record the order passed by Hon’ble National Company Law Tribunal (NCLT) dated 17.03.2022 wherein, Mr. Gurudev Bassi has been appointed as Insolvency Resolution Professional. This order has been passed by NCLT pursuant to an application made by the assessee on 24.08.2020 u/s 94 of Insolvency & Bankruptcy Code, 2016 (IBC) for initiation of Insolvency Resolution process. We find the assessee before us is an individual and the provisions of IBC, 2016 would apply to an individual also as per section 2(e) of IBC thereon. But we find that the present appeal ITA No. 1201/Del/2019 Sandeep Gupta Page | 2 has been filed by the assessee in his individual capacity. Since, the assessee is under the clutches of NCLT and Insolvency Resolution Professional has been appointed by NCLT, the assessee would have to be represented only by the Insolvency resolution professional for impleading before any Court, Tribunal or legal forum. Hence, the present appeal filed by the assessee is not maintainable before us in the existing format. Accordingly, the same is liable to be dismissed as not maintainable. However, if the Insolvency resolution professional desires to implead himself in the appellate proceedings before this Tribunal to represent on behalf of the assessee by filing revised Form No. 36 thereon, this appeal shall get restored. With these observations, the appeal of the assessee is hereby dismissed as not maintainable. 3. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 05/10/2023. -Sd/- -Sd/- (Anubhav Sharma) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 05/10/2023 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi