DCIT, Circle-27(1), New Delhi V. UM Green Lighting P.Ltd, New Delhi

ITA 3184/DEL/2018

AI Insights

The case involves an appeal by the Revenue against the order of the CIT (A)-9, New Delhi, which arose from an earlier order passed under section 143(3) of the Income Tax Act, 1961 by the ACIT, Circle-27(1), New Delhi. The respondent, UM Green Lighting P. Ltd., is currently undergoing insolvency proceedings. The Revenue's appeal was based on the assessment year 2013-14. The court considered a similar case (ITA no. 2340/Del/2019) for the assessment year 2015-16, where the Co-ordinate Bench had dismissed the Revenue's appeal considering the ongoing insolvency proceedings.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115571 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-09-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 02-05-2018
• Other Referred Cases: ITA no. 2340/Del/2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘B’ : NEW DELHI) BEFORE SH. N.K.BILLAIYA, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 3184/Del/2018 (Assessment Year : 2013-14) DCIT, Circle-27(1), New Delhi Vs. UM Green Lighting P. Ltd. 806 Devika Tower, 6 Nehru Place, New Delhi-110019 PAN : AABCU2552P (APPELLANT) (RESPONDENT) Appellant by Sh. Rajiv Bhatnagar, CA Revenue by Sh. Vivek Kumar Upadhyay, Sr. DR Date of hearing: 14.09.2023 Date of Pronouncement: 21.09.2023 ORDER PER ANUBHAV SHARMA, JM: The appeal has been preferred by the Revenue against the order dated 19.01.2018 of CIT (A)-9, New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) arising out of an appeal before it against the order dated 30.03.2016 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the ACIT, Circle-27(1), New Delhi (hereinafter referred as the Ld. AO). 2. Heard and perused the record. ITA No. 3184/Del/2018 2 3. Ld. AR pointed out at the outset that the assessee company is under insolvency proceedings. A copy of order dated 23.05.2023 in ITA no. 2340/Del/2019 for A.Y. 2015-16 was also relied to submit that Co-ordinate Bench has taken into consideration insolvency proceedings and dismissed the appeal of revenue. 4. Ld. DR did not dispute the facts. In the light of aforesaid, the Revenue’s appeal is dismissed, with a liberty to get the appeal restored in case of any favourable order in the insolvency proceedings. Order pronounced in the open court on 21 st September, 2023. Sd/- Sd/- (N.K.BILLAIYA) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 21 .09.2023 *Binita, SR.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT AR, ITAT New Delhi