Madras Forgings and Allied Industries Limited (in LIquidation), CHENNAI V. ITO Corporate Ward 4(1), CHENNAI

ITA 2111/CHNY/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 9084 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 7 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 08-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Liquidation

Judgement Text

आयकर अपीलीय अिधकरण, ‘बी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ŵी वी. दुगाŊ राव, Ɋाियक सद˟ एवं ŵी मनोज कु मार अŤवाल, लेखा सद˟ के समƗ । Before Shri V. Durga Rao, Judicial Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. No.2111/Chny/2018 िनधाŊरण वषŊ/Assessment Year: 2010-11 M/s. Madras Forgings and Allied Industries Limited (in Liquidation), The Office of the Official Liquidator, 29, Corporate Bhavan, Rajaji Salai, Chennai 600 001. [PAN:AADCM2113J] Vs. The Income Tax Officer, Corporate Ward 4(1), Chennai. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : None ŮȑथŎ की ओर से/Respondent by : Shri P. Sajit Kumar, JCIT सुनवाई की तारीख/ Date of hearing : 01.02.2022 घोषणा की तारीख /Date of Pronouncement : 10.02.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 8, Chennai dated 18.01.2018 relevant to the assessment year 2010-11. 2. The appeal filed by the assessee is delayed by 101 days, for which, the Official Liquidator, High Court, Madras has filed an affidavit for condonation of the delay and submitted that the assessee company I.T.A. No.2111/Chny/18 2 has been received the order of the ld. CIT(A) on 29.01.2018. Aggrieved by the appellate order, the Official Liquidator has placed the case before the Judge of the Competent Court which was supervising the liquidation process for obtaining the permission to prefer an appeal before the ITAT and this process took some time and there was delay of 101 days in filing the appeal and prayed that the delay may be condoned and admitted the appeal for hearing. Against the submissions made in the affidavit by the Official Liquidator, the ld. DR has not raised any serious objection. Consequently, since the assessee was prevented by sufficient cause, the delay of 101 days in filing of the appeal stands condoned and admitted the appeal for adjudication. 3. When the appeal was taken up for hearing, none appeared on behalf of the assessee or any adjournment petition filed. However, the ld. Counsel for the assessee has filed a letter dated 27.09.2021 by stating that the assessee company was ordered for complete dissolution by the Hon’ble High Court on 18.09.2018 and as on date, the company ceases to exist and any claim against this company is not sustainable. I.T.A. No.2111/Chny/18 3 4. We have heard the ld. DR and perused the records. In view of the above letter dated 27.09.2021 filed by the ld. Counsel for the assessee that as on date the company ceases to exist and any claim against this company is not sustainable as well as enclosing copy of the judgement of Hon’ble Madras High Court dated 18.09.2018 in C.P. No. 83 of 1997 and C.A. No. 540 of 2018, this appeal filed by the assessee is not maintainable as the company itself does not exist. In view of the above, the appeal is dismissed. 5. In the result, the appeal filed by the assessee is dismissed. Order pronounced on 10 th February, 2022 at Chennai. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 10.02.2022 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.