DCIT, New Delhi V. M/s M. Tech Developers Ltd., New Delhi

ITA 208/DEL/2016

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5275 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2008-2009
• Appeal Filed On: 14-01-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MAHAN KALRA
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘E’ BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 2948/DEL/2014 [A.Y 2007-08) ITA No. 208/DEL/2016 [A.Y 2008-09) The Dy. C.I.T Vs. M/s M. Tech Developers Ltd Circle – 6(1) 144/2, Ans House, Ashram New Delhi Mathura Road, New Delhi PAN: AAECM 5065 E ITA No. 906/DEL/2018 [A.Y 2011-12) & CO No. 168/DEL/2016 [A/o ITA No. 208/DEL/2016 [A.Y 2008-09)] & CO No. 34/DEL/2015 [A.Y 2007-08) [A/o ITA No. 2948/DEL/2014 [A.Y 2007-08)] M/s M. Tech Developers Ltd Vs. The Dy. C.I.T 144/2, Ans House, Ashram Circle – 6(1) Mathura Road, New Delhi New Delhi PAN: AAECM 5065 E (Applicant) (Respondent) Assessee By : Shri Mahan Kalra, CA Department By : Shri Jeetender Chand, Sr. DR 2 Date of Hearing : 20.09.2022 Date of Pronouncement : 20.09.2022 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER:- The above captioned appeals by the assessee and the Revenue and cross objections by the assessee are preferred against the separate orders of the ld. CIT(A) pertaining to Assessment Years 2008-09, 2007- 08 and 2011-12. 2. Since the underlying facts in issues are identical, all these appeals and cross objections are being disposed off by this common order for the sake of convenience and brevity. 3. At the very outset, the ld. counsel for the assessee drew our attention to the order of the National Company Law Tribunal [NCLT], Principal Bench, New Delhi dated 15.03.2022 and pointed out that the Resolution Plan has been accepted by NCLT and has issued necessary directions/instructions. 3 4. We have carefully perused the order of the NCLT [supra]. The relevant findings read as under: “28. We hereby approve this Resolution Plan, as approved by the CoC, placed by the Applicant before this Adjudicating Authority. We, therefore, approve the Resolution Plan submitted by the Applicant along with the following directions in respect of the Corporate Debtor: (i) The order of the moratorium passed by this Adjudicating Authority under Section 14 of the IBC,2016 shall cease to have effect from the date of passing of this Order. (ii) The Resolution Professional shall forward all the records relating to the conduct of the CIRP and the Resolution Plan to the IBBI for its record and database. (iii) The approved Resolution Plan shall become effective from the date of passing of this Order. (iv) The Monitoring Committee, as provided in the Resolution Plan, shall be setup within 07 days of passing of this Order which shall take all necessary steps for implementation of the Resolution Plan. 29. The Resolution Professional shall forthwith send a copy of this Order to the CoC and the Successful Resolution Applicant. i. With the above, IA-3261 of 2021 stands allowed.” 4 5. In light of the above, we restore the captioned appeals and cross objections to the file of the Assessing Officer. The Assessing Officer is directed to decide the issues as per the order of NCLT after affording reasonable and adequate opportunity of being heard to the assessee. 6. In the result, all captioned appeals of the assessee and Revenue as well as the cross objections of the assessee are allowed for statistical purposes. The order is pronounced in the open court on 20.09.2022. Sd/- Sd/- [ANUBHAV SHARMA] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 20 th September, 2022. VL/ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 5 Date of dictation Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr.PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order