A.C.I.T. CIR. 6(2)(2), Mumbai V. DOSHION WATESR SOLUTIONS P. LTD., Mumbai

ITA 1503/MUM/2018

AI Insights

The appeals by the Revenue challenged the orders passed by the learned Commissioner of Income Tax (Appeals) for the assessment years 2009-10 and 2012-13. The core issue arose from the initiation of the liquidation process against Doshion Veolia Water Solutions Pvt. Ltd. by the Hon'ble NCLT, which led to the appointment of a liquidator. The Revenue's failure to substitute the official liquidator as the respondent in the appeals rendered them not maintainable. The tribunal dismissed the appeals but granted liberty to the Revenue to pursue the appeals in the future with the correct procedural adherence.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 125890 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 01-02-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 08-03-2018
• Other Referred Cases: Bank of Baroda vs Doshion Veolia Water Solutions Pvt. Ltd.
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Liquidation
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA no.78/Mum./2018 (Assessment Year : 2012–13) ITA no.1503/Mum./2018 (Assessment Year : 2009–10) Asstt. Commissioner of Income Tax Circle–6(2)(2), Mumbai ................ Appellant v/s Doshion Veolia Water Solutions Pvt. Ltd. Office No.3, 2 nd Floor, “A” Wing, Godrej Coliseum, Eastern Express Highway, Behind Everard Nagar, Sion, Mumbai 400 037 PAN – AACCD8958M ................Respondent Assessee by : Ms. Swati Pandey Revenue by : Smt. Riddhi Mishra Date of Hearing – 02/02/2023 Date of Order – 03/02/2023 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The present appeals have been filed by the Revenue challenging the separate impugned orders dated 04/12/2017 and 24/10/2017, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals)–12, Mumbai [“learned CIT(A)”], for the assessment years 2009-10 and 2012-13, respectively. 2. When these appeals were called for hearing, the learned AR placed on record order dated 20/09/2021 in IA 1921 of 2019 in CP(IB) 1752/MB/C- II/2017, in Bank of Baroda (as a Financial Creditor) vs Doshion Water Solution Doshion Veolia Water Solutions Pvt. Ltd. ITA no.78/Mum./2018 ITA no.1503/Mum./2018 Page | 2 Private Limited (as Corporate Debtor) passed by the Hon‟ble National Company Law Tribunal, Mumbai Bench, Court-II (“Hon’ble NCLT”), in an application for appointment of liquidator filed by the Resolution Professional under the instructions of the Committee of Creditors. From the perusal of the aforesaid order, we find that the Hon‟ble NCLT admitted the aforesaid application initiating the liquidation process against the Corporate Debtor and appointing Mr. Vikas Jain as a liquidator. 3. From the perusal of Form No.36B filed by the Revenue in the present appeals, we find that the company (i.e. the Corporate Debtor) has been made as „Respondent’ despite commencement of liquidation process in the case of the company. If the Revenue wants to pursue these appeals, then the „official liquidator‟ be substituted as a Respondent. Accordingly, in view of the above, we are of the considered opinion that the present appeals, in their current form, are not maintainable. Therefore, both the appeals filed by the Revenue are dismissed. However, liberty is granted to the Revenue that if in the future they prefer to pursue these appeals, the correct Form No.36B is required to be filed with the appropriate prayers. 4. In the result, both appeals by the Revenue are dismissed with the above directions. Order pronounced in the open Court on 03/02/2023 Sd/- PRASHANT MAHARISHI ACCOUNTANT MEMBER Sd/- SANDEEP SINGH KARHAIL JUDICIAL MEMBER MUMBAI, DATED: 03/02/2023 Doshion Veolia Water Solutions Pvt. Ltd. ITA no.78/Mum./2018 ITA no.1503/Mum./2018 Page | 3 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Mumbai City concerned; (5) The DR, ITAT, Mumbai; (6) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Assistant Registrar ITAT, Mumbai