DCIT, New Delhi V. M/s. G N Dairies Ltd., New Delhi

ITA 2432/DEL/2016

AI Insights

The case involves an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals)-4, New Delhi, concerning the assessment year 2012-13. The appeal was directed against G. N. Dairies Ltd, which is currently under liquidation. During the proceedings, it was noted that the Official Liquidator had not come forward to pursue the appeal. Consequently, the tribunal found the appeal to be not maintainable in its current format and dismissed it, while allowing the possibility for the Revenue to file a new appeal with the Official Liquidator's involvement.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131169 (ITAT-DELHI)
• Duration Of Justice: 7 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 21-06-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 01-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Liquidation

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE Shri C.M. Garg, Judicial Member AND Shri Pradip Kumar Kedia, Accountant Member ITA No. 2432/Del/2016 (Assessment Year: 2012-13) DCIT, Circle-10(1), New Delhi Vs. G. N. Dairies Ltd, 914, Kirti Shikhar, District Centre, Janakpuri, New Delhi (Appellant) (Respondent) PAN: AACCG0016B Assessee by : None Revenue by: Sh. N. C. Swain, CIT DR Date of Hearing 22/06/2023 Date of pronouncement 18/07/2023 O R D E R PER C. M. GARG, J. M.: 1. This appeal has been filed by the Revenue against the order of the ld. Commissioner of Income Tax (Appeals)-4, New Delhi dated 02.02.2016 for AY 2012-13. 2. The ld Sr. DR submitted a copy of master-data extracted from the portal of the Ministry of Corporate Affairs, showing that the assessee company is under liquidation now. The appeal has been filed against the company which is under liquidation and Official Liquidator has not come forward to pursue this appeal. The revenue appeal in the present format is not maintainable thus, the same is dismissed as not maintainable. However, liberty is granted to the Revenue that in case the department choose to press this appeal, then it may file afresh appeal taking on record the Official Liquidator of respondent company. ITA No. 2432/Del/2016 G. N. Dairies Ltd Page | 2 3. In the result, appeal of the revenue is dismissed under the terms as stated above. Order pronounced in the open court on 18/07/2023. -Sd/- -Sd/- (Pradip Kumar Kedia) (C. M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18/07/2023 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi