DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 5(4), MUMBAI V. HOUSING DEVELOPMENT & INFRASTRUTURE LTD, MUMBAI

ITA 4/MUM/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7559 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2014-2015
• Appeal Filed On: 31-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “H” MUMBAI BEFORE SHRI ABY T. VARKEY (JUDICIAL MEMBER) AND SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) ITA No. 5920/MUM/2017 Assessment Year: 2011-12 The DCIT, Central Circle-5(4), Room No. 1927, Air India Building, Nairman Point, Mumbai-400021. Vs. M/s Housing Development & Infrastructure Ltd., 901, Dheeraj Arma Anant Kanekar Marg, Bandra (E), Mumbai-400051. PAN No. AAACH 5443 F Appellant Respondent ITA No. 5985/MUM/2017 Assessment Year: 2011-12 M/s Housing Development & Infrastructure Ltd., 9 th floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), Mumbai-400051. Vs. Dy. CIT, CC 5(4), Room No. 1927, 19 th floor, Air India Building, Nariman Point, Mumbai-400021. PAN No. AAACH 5443 F Appellant Respondent ITA No. 4/MUM/2018 Assessment Year: 2014-15 Dy. CIT, CC 5(4), Room No. 1927, 19 th floor, Air India Building, Nariman Point, Mumbai-400021. Vs. M/s Housing Development & Infrastructure Ltd., 901, Dheeraj Arma Anant Kanekar Marg, Bandra (E), Mumbai-400051. PAN No. AAACH 5443 F Appellant Respondent M/s Housing Development & Infrastructure Ltd., 9 th floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), Mumbai-400051. PAN No. AAACH 5443 F Appellant Dy. CIT, CC 5(4), Room No. 1927, 19 th floor, Air India Building, Nariman Point, Mumbai-400021. Appellant M/s Housing Development & ITA Nos. 5920/M/2017 & Ors (Ten Appeals) ITA No. 290/MUM/2018 Assessment Year: 2014-15 M/s Housing Development & floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), Vs. Dy. CIT, CC 5(4), Room No. 1927, 19 India Building, Nariman Point, Mumbai-400021. PAN No. AAACH 5443 F Respondent ITA No. 1200/MUM/2019 Assessment Year: 2015-16 floor, Vs. M/s Housing Development & Infrastructure Ltd., 9 th floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), Mumbai-400051. PAN No. AAACH 5443 F Respondent ITA No. 1237/MUM/2019 Assessment Year: 2009-10 & ITA No. 1238/MUM/2019 Assessment Year: 2010-11 & ITA No. 1241/MUM/2019 Assessment Year: 2010-11 & ITA No. 1239/MUM/2019 Assessment Year: 2012-13 & ITA No. 1240/MUM/2019 Assessment Year: 2015-16 M/s Housing Development & Infrastructure Ltd. ITA Nos. 5920/M/2017 & Ors (Ten Appeals) 2 Room No. 1927, 19 th floor, Air India Building, Nariman Point, 400021. M/s Housing Development & Infrastructure Ltd., floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), 400051. No. AAACH 5443 F M/s Housing Development & Infrastructure Ltd., 9 th floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), Mumbai-400051. PAN No. AAACH 5443 F Appellant Assessee by Revenue by Date of Hearing Date of pronouncement PER BENCH The Captioned appeals by the assessee have been preferred against separate orders passed by the Ld. First Appellate Authority years. 2. Despite notifying none any adjournment was sought. Therefo M/s Housing Development & ITA Nos. 5920/M/2017 & Ors (Ten Appeals) M/s Housing Development & floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), Vs. M/s Housing Development & Infrastructure Ltd., 9 th floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), Mumbai-400051. PAN No. AAACH 5443 F Respondent Assessee by : None : Mrs. Neelam Shukla, CIT- Mr. Rajesh Ojha, DR Date of Hearing : 14/06/2022 Date of pronouncement : 14/06/2022 ORDER The Captioned appeals by the Revenue as well as by the have been preferred against separate orders passed by the First Appellate Authority in respect of different assessment Despite notifying none appeared on behalf of the assessee nor any adjournment was sought. Therefore, these appeals were heard M/s Housing Development & Infrastructure Ltd. ITA Nos. 5920/M/2017 & Ors (Ten Appeals) 3 M/s Housing Development & Infrastructure Ltd., floor, HDIL Towers, Anant Kanekar Marg, Bandra (E), 400051. -DR/ as well as by the have been preferred against separate orders passed by the different assessment appeared on behalf of the assessee nor re, these appeals were heard ex-parte qua the assessee and disposed of of the Ld. Departmental Representative. 3. Before us the Ld. against the company insolvency and bankruptcy proceedings under the Insolvency and Bankruptcy Code have been initiated and resolution professional has been appointed by the National Company Law Tribunal India as financial creditor. 4. We find that, the coordinate bench in the case of in the case of Orbit Corp Ltd. in ITA No. 2979 to 2981 that the resolution professional was required to amend 36A for further prosecuting the appeal and in absence of which appeals were held to be non instant case also resolution process has been initiated against the assessee and the resolution professional has taken over af M/s Housing Development & ITA Nos. 5920/M/2017 & Ors (Ten Appeals) qua the assessee and disposed off after hearing submission Departmental Representative. Ld. Departmental Representative submitted that against the company insolvency and bankruptcy proceedings under the Insolvency and Bankruptcy Code have been initiated and resolution professional has been appointed by the National Company Law Tribunal (NCLT) on the petition filed by t India as financial creditor. the coordinate bench in the case of in the case of . in ITA No. 2979 to 2981/Mum/2020 the resolution professional was required to amend 36A for further prosecuting the appeal and in absence of which appeals were held to be non-maintainable. We find that in the instant case also resolution process has been initiated against the assessee and the resolution professional has taken over af M/s Housing Development & Infrastructure Ltd. ITA Nos. 5920/M/2017 & Ors (Ten Appeals) 4 after hearing submission tive submitted that against the company insolvency and bankruptcy proceedings under the Insolvency and Bankruptcy Code have been initiated and resolution professional has been appointed by the National petition filed by the Bank of the coordinate bench in the case of in the case of /Mum/2020, has held the resolution professional was required to amend Form No. 36A for further prosecuting the appeal and in absence of which maintainable. We find that in the instant case also resolution process has been initiated against the assessee and the resolution professional has taken over affairs of the company from the old management of the company and therefore he was required to amend the Form No. 36A, but despite several opportunities so far the Form No. 36A i.e. the form prescribed for filing appeal before the ITAT, has not been amended and Revenue in their respective appeals. So in the circumstances, the appeals under consideration are not maintainable in present format. 4.1 Accordingly, aforesaid appeals maintainable at this stage, with liberty t format duly verified by the person authorized the Income-tax Act, 1961 and ITAT Rules, 1963 restored by moving an appropriate application before the Tribunal by both the Revenue Order pronounced in the Court. Sd/- (ABY T. VARKEY JUDICIAL MEMBER M/s Housing Development & ITA Nos. 5920/M/2017 & Ors (Ten Appeals) company from the old management of the company and therefore he was required to amend the Form No. 36A, but despite several opportunities so far the Form No. 36A i.e. the form prescribed for filing appeal before the ITAT, has not been amended in their respective appeals. So in the circumstances, the appeals under consideration are not maintainable in present Accordingly, aforesaid appeals are dismissed being non maintainable at this stage, with liberty to file fresh appeals in proper format duly verified by the person authorized as per provisions of tax Act, 1961 and ITAT Rules, 1963 or get restored by moving an appropriate application before the Tribunal as well assessee, if so advised. ounced in the Court. Sd/ ABY T. VARKEY) (OM PRAKASH KANT JUDICIAL MEMBER ACCOUNTANT M/s Housing Development & Infrastructure Ltd. ITA Nos. 5920/M/2017 & Ors (Ten Appeals) 5 company from the old management of the company and therefore he was required to amend the Form No. 36A, but despite several opportunities so far the Form No. 36A i.e. the form prescribed for filing appeal before the ITAT, has not been amended by the assessee in their respective appeals. So in the circumstances, the appeals under consideration are not maintainable in present dismissed being non- o file fresh appeals in proper as per provisions of or get these appeals restored by moving an appropriate application before the Tribunal Sd/- OM PRAKASH KANT) MEMBER Mumbai; Dated: 14/06/2022 Rahul Sharma, Sr. P.S. 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. //True Copy// M/s Housing Development & ITA Nos. 5920/M/2017 & Ors (Ten Appeals) Copy of the Order forwarded to : BY ORDER, (Sr. Private Secretary ITAT, Mumbai M/s Housing Development & Infrastructure Ltd. ITA Nos. 5920/M/2017 & Ors (Ten Appeals) 6 Sr. Private Secretary) ITAT, Mumbai