M/s HBN Dairies & Allied Ltd., New Delhi V. DCIT, New Delhi

ITA 1356/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8447 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 10-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PARAMITA M BISWAS
• Section: 201

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C : NEW DELHI BEFORE SHRI BHAVNESH SAINI , JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 1356/DE/2016 (ASSESSMENT YEAR: 2010 - 11) M/S. HBN DAIRIES & ALLIED LIMITED, 527B, 5 TH FLOOR, HBN OFFICE, D - MALL, DISTT CENTRE, PASHIM VIHAR, NEW DELHI PAN: AAACH7852C VS. DCIT, CENTRAL CIRCLE - 29, NEW DELHI (APPELLANT) (RESPONDENT) ITA NO. 4140/DEL/2013 (ASSESSMENT YEAR: 2009 - 10) ITA NO. 4146/DEL/2013 (ASSESSMENT YEAR: 2010 - 11) M/S. HBN DAIRIES & ALLIED LIMITED, 527B, 5 TH FLOOR, HBN OFFICE, D - MALL, DISTT CENTRE, PASHIM VIHAR, NEW DELHI PAN: AAACH7852C VS. ACIT, CENTRAL CIRCLE - 4, NEW DELHI (APPELLANT) (RESPONDENT) TA NO. 4036/DE/2013 (ASSESSMENT YEAR: 2009 - 10) DCIT, CENTRAL CIRCLE - 29, NEW DELHI VS. M/S. HBN DAIRIES & ALLIED LIMITED, 527B, 5 TH FLOOR, HBN OFFICE, D - MALL, DISTT CENTRE, PASHIM VIHAR, NEW DELHI PAN: AAACH7852C (APPELLANT) (RESPONDENT) ITA NO. 4033/DE/2013 (ASSESSMENT YEAR: 2008 - 09) DCIT, CENTRAL CIRCLE - 29, NEW DELHI VS. M/S. HBN HOMES COLONISERS (P) LTD. B - 53, B - 1, COMMUNITY CENTRE, JANAKPURI, NEW DELHI PAN: AACCH0994B (APPELLANT) (RESPONDENT) PAGE | 2 ITA NO. 4145 /DEL/2013 (ASSESSMENT YEAR: 2007 - 08 ) ITA NO. 4139/DEL/2013 (ASSESSMENT YEAR: 2010 - 11) M/S. HBN HOMES COLONISERS (P) LTD. B - 53, B - 1, COMMUNITY CENTRE, JANAKPURI, NEW DELHI PAN: AACCH0994B VS. ACIT, CENTRAL CIRCLE - 4, NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VARUN JAIN, CA REVENUE BY: MS. PARAMITA M. BISWAS, CIT DR DATE OF HEARING 10/10 / 201 9 DATE OF PRONOUNCEMENT 1 1 / 10 / 2019 O R D E R PER B E N C H 1 . THESE ARE THE BUNCH OF SEVEN APPEALS FILED BY THE PARTIES IN CASE OF ABOVE TWO ASSESSEES NAMELY M/S. HBN DAIRIES AND ALLIED LTD AND HBN HOME S COLONIZER PVT. LTD FOR RESPECTIVE ASSESSMENT YEARS. IN CASE OF BOTH THESE COMPANIES THE NATIONAL COMPANY LAW TRIBUNAL HAS PASSED AN ORDER U/S 9 OF INSOLVENCY AND BANKRUPTCY CODE , 2016. THE NCLT HAS ALSO DECLARED THE MO RA TORIUM U/S 14 OF THE CODE AND APPOINTED INSOLVENCY RESOLUTION PROFESSIONAL FOR CARRYING OUT EI THER INSOLVENCY RESOLUTION OR W INDING UP OF THE COMPANIES. 2 . IN VIEW OF THE PROVIS I ON S OF THAT SECTION OF CODE, THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE TILL THE RESOLUTION COME TO END AND THE APPEALS FILED BY THE ASSESSEE, THERE IS NO LETTER OF AUTHORITY FILED ON BEHALF OF IRP. EVEN OTHERWISE THE TRIBUNAL IS NOT EMPOWERED TO PASS ANY ORDER IN SUCH CASES BECAUSE OF THE MANDATE OF SECTION 14. 3 . IN VIEW OF THIS , ALL THESE 7 APPEALS FILED BY THE RESPECTIVE PARTIES ARE DISMISSED W ITH A LIBERTY TO BOTH THE PARTIES TO PREFER THE SAME BEFORE THE COORDINATE BENCH AFTER THE COMPLETION OF MORATORIUM PERIOD. ORDER PRONOUNCED IN THE OPEN COURT ON 1 1 / 10 / 2019 . - SD/ - - SD/ - ( BHAVNESH SAINI ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 1 / 10 / 2019 A K KEOT PAGE | 3 COPY FORWARDED TO 1 . APPLICANT 2 . RESPONDENT 3 . CIT 4 . CIT (A) 5 . DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI