ALLIED STRIPS LTD., NEW DELHI V. ACIT, CC- 15, NEW DELHI

ITA 3926/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1393 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 24-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SATPAL GULATI
• Assessee Lawyers: N O N E
• Section: 201

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SHRI K. N. CHARY, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 3926 /DEL/20 18 (ASSESSMENT YEAR: 201 0 - 1 1 ) M/S. ALLIED STRIPS LTD., MR. SANDEEP MAHAJAN IRP 409, ANSAL BHAWAN, K. G. MARG, CONNAUGHT PLACE, NEW DELHI - 110001 OLD ADDRESS C/O. MOHAN LAL JAIN, RESOLUTION PROFESSIONAL, SUMEDHA MANAGEMENT SOLUTIONS PVT. LTD., B - 1/12, 2 ND FLOOR, SAFDARJUNG ENCLAVE, NEW DELHI 110 029. PAN: AA BCA0609D VS. A CIT, CENTRAL CIRCLE - 1 5 , NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : N O N E; DEPARTMENT BY: SHRI S ATPAL GULATI [CIT] DR; DATE OF HEARING 05 /0 7 / 2021 DATE OF PRONOUNCEMENT 05 / 0 7 / 2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. THIS APPEAL IS FILED BY M/S. ALLIED STRIPS LTD. THROUGH ITS INSOLVENCY RESOLUTION PROFESSIONAL (IRP), SHRI MOHAN LAL JAIN AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) XXVI , NEW DELHI, FOR ASSESSMENT YEAR 2010 - 11, RAISING SEVERAL GROUNDS OF APPEAL. 2. AT THE TIME OF HEARING, NOBODY APPEARED ON BEHALF OF THE ASSESSEE OR IRP. ON THE PREVIOUS DATE OF HEARING ON 20.04.2021 ALSO NONE APPEARED ON PAGE | 2 BEHALF OF THE ASSESSEE. THE NEXT DATE OF HEARING I.E. 05.07.2021 WAS ANNOUNCED IN THE OPEN COURT THEN AND THE NOTICE WAS DIRECTED TO BE ISSUED TO THE ASSESSEE BY REGISTERED POST AD. ON THE APPOINTED DATE, I.E. TODAY ALSO NONE APPEARED ON BEHALF OF THE ASSESSEE. 3. THE LD. [CIT] DR SUBMITTED THAT ASSESSEE HAS UNDERGONE THE PROCESS OF INSOLVENCY RESOLUTION UNDER THE IBC 2016 AND, THEREFORE, IRP, MR. MOHAN LAL JAIN, HAS FILED THIS APPEAL. HE SUBMITTED THAT MR. MOHAN LAL JAIN IS NO MORE AN IRP OF THE ASSESSEE AND, T HEREFORE, THE APPEAL F ILED BY THE ASSESSEE IS INVALID AND NOT MAINTAINABLE. 4. WE HAVE CAREFULLY CONSIDERED THE CONTENTION OF THE LD. [CIT] DR AND FIND THAT MR. MOHAN LAL JAIN IS NO MORE AN IRP OF THE ASSESSEE AND, THEREFORE, APPEAL FILED BY THE IRP, WHO IS NO MORE AN IRP IS NOT A VALID APPEAL. THIS FACT IS EVIDENT FROM THE LATEST ORDER OF NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI, IN COMPANY APPEAL NO. 680 OF 2019 DATED 08 TH JUNE, 2020 WHEREIN MR. SANDEEP MAHAJAN IS THE IRP HAVING THE ADDRESS OF 40 9, ANSAL BHAWAN, K. G. MARG, CONNAUGHT PLACE, NEW DELHI - 110001. THEREFORE, THIS APPEAL OF THE ASSESSEE IS DISMISSED AS NOT MAINTAINABLE AS FILED BY EARLIER IRP. WE ALSO GIVE LIBERTY THAT IN CASE THE NEW IRP WISHES TO AGITATE THE ABOVE APPEAL, HE MAY FILE SO WITH PROPER APPLICATION FOR ADMISSION OF THE APPEAL AS AUTHORIZED BY THE COMMITTEE OF CREDITORS. 5. IN VIEW OF THIS APPEAL FILED IS DISMISSED WITH ABOVE DIRECTION. O RDER PRONOUNCED IN THE OPEN COURT ON 0 5 / 0 7 / 2021 . - S D / - - S D / - ( K. N. CHARY ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 0 5 / 0 7 / 2021 *MEHTA* COPY FORWARDED TO 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT (A PPEALS ) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI