ICOMM Tele Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-2(1), Hyderabad

ITA 239/Hyd/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5689 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA No 239 of 2020 Incomm Tele Ltd Hyderabad Page 1 of 2 IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad (Through Video Conferencing) Before Shri A.M. Alankamony, Accountant Member and Shri S.S. Godara, Judicial Member ITA No.239/Hyd/2020 Assessment Year: 2012-13 Incomm Tele Ltd Hyderabad PAN:AAECA1326Q Vs. Dy. CIT Circle 2(1) Hyderabad (Appellant) (Respondent) Assessee by: Sri S. Rama Rao Revenue by : Sri Rajendra Kumar, CIT(DR) Date of hearing: 07/12/2021 Date of pronouncement: 23/12/2021 ORDER Per S. S. Godara, J.M. This Assessee’s appeal for the A.Y 2012-13 against the order of the CIT (A)-9, Hyderabad in case no.9/10674/2017-18 and Manual Appeal Register no.0147/(2015-16), dated 13.12.2019 involving proceedings u/s 143(3) of the Income Tax Act, 1961, in short the Act. Heard both the parties. Case file perused. 2. It transpires at the outset that the CIT (A) lower authorities order has termed the assessee’s first appeal filed before him as not maintainable since the National Company Law Tribunal “NCLT” has admitted the corresponding petition under Insolvency and Bankruptcy Code 2016. ITA No 239 of 2020 Incomm Tele Ltd Hyderabad Page 2 of 2 3. The learned DR vehemently contended that the CIT (A) has followed the Tribunal’s order in Punj Llyod Ltd in ITA No.5889, 5890, 5891/Del/2014 while not entertaining the assessee’s lower appeal. 4. The learned AR, on the other hand, has filed copy of the NCLT order dated 17.10.2019 appointing a resolution professional as well. Be that as it may, the question as to whether the assessee’s first appeal would still be maintainable or not stands decided against the department in CIT vs. M/s. Gopal Sri Scrips (P) Ltd on 12.03.2019 in Civil Appeal No.2922/19 holding therein that the appeal proceedings under the provisions of the Act do not abate even if the Company’s name is struck off from the rules u/s 506(5) of the Act. We therefore, restore the assessee’s instant appeal as well all the pleading herein back to the CIT (A) for afresh adjudication within three effective opportunity of hearing. 5. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the Open Court on 23 rd December, 2021. Sd/- Sd/- (A.M.ALANKAMONY) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER Hyderabad, dated 23 rd December, 2021. Vinodan/sps Copy to: S.No Addresses 1 Icomm Tele Ltd, Plot No.40 & 46, IDA Phase I Cherlapally, HCL Hyderabad 500051 2 Dy.CIT, Circle 2(1) Hyderabad 3 CIT (A)- 9,Hyderabad 4 Pr. CIT – 2, Hyderabad 5 DR, ITAT Hyderabad Benches 6 Guard File By Order