DCIT-12(2)(2), MUMBAI V. M/S.GURUASHISH CONSTRUCTION PRIVATE LIMITED, MUMBAI

ITA 2512/MUM/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 9584 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 23-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Liquidation
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI PAVAN KUMAR GADALE, JM ITA Nos. 1985 & 1986/Mum/2018 (Assessment Years 2012–13 & 2013–14) M/s Gu ru a sh ish Co n stru ct io n P ri va te L im i te d 3 r d F lo o r, H DIL to w e rs, A n a n t K a n e ka r Ma r g, B a n d ra (E a st), Mu m b a i-4 0 0 0 5 1 Vs. The Income Tax Officer Ward 12(2)(3) Room no. 226, Aayakar Bhavan MK Road, Mumbai-400 020 (Appellant) (Respondent) PAN No. AABCG 4633 R ITA No. 2512/Mum/2018 (Assessment Years 2012–13) The Income Tax Officer Ward 12(2)(3) Room no. 226, Aayakar Bhavan MK Road, Mumbai-400 020 Vs. M/s Gu ru a sh ish Co n stru ct io n P ri va te L im i te d 3 r d F lo o r, H DIL to w e rs, A n a n t K a n e ka r Ma r g, B a n d ra (E a st), Mu m b a i-4 0 0 0 5 1 (Appellant) (Respondent) Assessee by : None Revenue by : Shri Hemant Kumar chimanlal Leava, DR Date of hearing: 07.07.2022 Date of pronouncement : 07.07.2022 O R D E R PER BENCH: 01. These are the three appeals filed by Guruashish Constructions Private Limited (appellant) for assessment year 2012 – 13 & 2013 – 14. Page | 2 ITA no. 1985, 1986 & 2512/Mum/2018 M/s Guruashish Construction Private Limited; A.Ys. 12–13 & 13–14 02. In the case of the assessee, the National Company Law Tribunal Court – 1, Mumbai bench in IA no. 24 of 2018 CP (IB) number 1061/MBA/2017 has passed an order appointing the insolvency resolution professional. According to the order passed by the national company law tribunal all the powers of the Board of Directors, key managerial personal and partners of the corporate debtor (assessee) ceases to have effect and shall be vested in the liquidator. 03. Subsequently, the resolution plan failed and the company was referred for liquidation as provided u/s 33 (1) (b) (i) of the court. Therefore, now these appeals are required to be filed by the liquidator appointed by the court and not by the board of directors of the erstwhile company or insolvency resolution professional. 04. Even now, the insolvency resolution professional has to file this appeal in the capacity of liquidator. 05. As these appeals have been filed by the directors of the company and further which was also replaced by the insolvency resolution professional, but now due to the change circumstances as these forms are required to be filed by the official liquidator is, these appeals are not maintainable. 06. In the result all, these appeals are dismissed, with a liberty to the assessee, if the official liquidator desires to file the same; he may do so by filing a freshman number Page | 3 ITA no. 1985, 1986 & 2512/Mum/2018 M/s Guruashish Construction Private Limited; A.Ys. 12–13 & 13–14 36 with respect to all these appeals and an application for recall of this order. 07. Accordingly, all the three appeals are dismissed. Order pronounced in the open court on 07.07.2022. Sd/- Sd/- (PAVAN KUMAR GADALE) (PRASHANT MAHARISHI) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Mumbai, Dated: 07.07.2022 Sudip Sarkar, Sr.PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. The CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Mumbai