ROLTA INDIA LTD, MUMBAI V. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1) , MUMBSI

ITA 2123/MUM/2022

AI Insights

Rolta India Ltd filed an appeal against the assessment order passed by the Dy. Commissioner of Income Tax, Central Circle 1(1), Mumbai, which assessed the company's income significantly higher than reported. The appeal was filed through Mr. Kamal K Singh, a director of the company, despite the appointment of an Insolvency Resolution Professional following the admission of corporate insolvency proceedings by the National Company Law Tribunal, Mumbai. The Income Tax Appellate Tribunal dismissed the appeal on the grounds of non-maintainability, emphasizing that only the IRP could have prosecuted the appeal or reinstated it before the Tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113113 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 17-07-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 23-08-2022
• Other Referred Cases: Union Bank of India Vs. Rolta India Ltd
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MA NOJ KUM

Judgement Text

I N THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI SANDEEP SINGH KARHAIL, JM I TA No. 212 3/ M u m/ 20 2 2 (Ass essm ent Y ea r: 2018-19) R o l t a I n d i a L t d . Ms. Mamta Binani, IRP Registration No. IBBI/IPA- 002/IPN00086/2017-18/10227, 2 nd Floor, Nicco House, 2, Hare Street, Kolkata – 700001, West Bengal Or R o l t a T o w e r-A, R o l t a T e c h n o l o g y P a r k , 22 nd S t r e e t , M I D C , M a r o l , A n d h e r i ( E a s t ) , M u m b a i-4 0 0 0 9 3 Vs . Dy . Com m iss ioner of I ncom e T ax , Cent ra l Circ le 1 (1 ) Room N o.903 , 9 th F loor, P rat is ht ha Bhav a n, Old CGO Annex e, Ma ha rs hi Ka rv e Roa d, M umb a i-4 00 02 0 (Appellant) (Respondent) PAN No. AAACR2711G Assessee by : Shri Renu Kap oor, AR Revenue by : Shri Ma noj Kum a r, CI T D R D ate of h e ari ng : 18.07 .20 23 Date of pronouncement : 20.07.20 23 O R D E R PER PRASHANT MAHARISHI, AM: 01. ITA No.2123/Mum/2022 is filed by Rolta India Ltd for A.Y. 2018-19 against the assessment order passed by the Dy. Commissioner of Income Tax, Central Circle, 1(1), Mumbai, dated 25 th July, 2022, wherein the total income return of income on 29 th November, 2019, at ₹ Nil, was assessed at ₹401,85,41,957/-. Page | 2 ITA No.2123/Mum/2022 Rolta India Ltd; A.Y. 18-19 02. At the time of hearing an adjournment request was made by S.M. Kapoor & Co., Chartered Accountants, stating that Mr. Shekhar Gupta, is unwell and therefore, the adjournment may be granted. 03. However, we find that by order dated 19 th January, 2023, of the National Company Law Tribunal, Mumbai Bench in case of Union Bank of India Vs. Rolta India Ltd. has passed an order admitting the corporate insolvency proceedings against the assessee. This appeal is filed by the assessee through director of the company namely Mr. Kamal K Singh. Despite appointment of the Insolvency Resolution Professional, form no 36 is not replaced. Only IRP could have prosecuted this appeal or reinstated this appeal before the Tribunal. In terms of the Provisions of Section 140(c) (c) of the Act, this appeal should have been reinstated / filed by the IRP. Therefore, at present the appeal verified by one of the erstwhile director of the assessee is not maintainable. Therefore, this appeal is dismissed. However, the assessee is given an liberty that IRP after due process of law may amend memorandum of appeal and furnish it before the Tribunal, with a request for recall of this order, it may be recalled. Accordingly, the appeal of the assessee is dismissed as not maintainable. 04. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 20.07.2023. Sd /- Sd /- (SANDEEP SINGH KARHAIL) (P RASH ANT M AH ARI SHI ) (JUDI CI AL M EM BER) (AC COUN T AN T M EM BER) Mumbai, Dated: 20.07.2023 Sudip Sarkar, Sr.PS Page | 3 ITA No.2123/Mum/2022 Rolta India Ltd; A.Y. 18-19 Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Mumbai