ACIT, Central Circle-1, New Delhi V. Amarpali Leisure Valley Pvt. Ltd., Delhi

ITA 4365/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2855 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 03-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATPAL GULATI

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI A BEN CH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI AMIT SHUKLA, JUDICIAL MEMB ER ITA NOS. 4365 & 4369/DEL/2017 [A.YS 2012-13, 2011-12] THE A.C.I.T VS. M/S. AMRAPALI LEISURE VALLEY CENTRAL CIRCLE - 1 PVT. LTD., 307, 3 RD FLOOR, NIPUN NEW DELHI TOWER, COMMUNITY CENTRE, KARKARDOOMA, DELHI - 110092 PAN: AAICA 5579 R ITA NO. 4370/DEL/2017 [A.Y 2012-13] THE A.C.I.T VS. M/S. AMRAPALI ZODIAC DEVELOPERS CENTRAL CIRCLE - 1 PVT. LTD., 307, 3 RD FLOOR, NIPUN NEW DELHI TOWER, COMMUNITY CENTRE, KARKARDOOMA, DELHI - 110092 PAN: AAICA 1193 M [APPELLANT] [RESP ONDENT] ASSESSEE BY : NONE REVENUE BY : SHRI SATPAL GULATI, CIT-DR DATE OF HEARING : 17.06.2021 DATE OF PRONOUNCEMENT : 17.06.2021 2 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, ITA NO. 4365/DEL/2017 AND ITA NO. 4369/DEL/2017 ARE APPEALS BY THE REVENUE PREFERRED AGAINST TWO SEPARATE ORDER S OF THE LD. CIT(A) -23, NEW DELHI PERTAINING TO ASSESSMENT YEARS 2011- 12 AND 2012-13. ITA NO. 4370/DEL/2017 IS APPEAL BY THE REVENUE PREF ERRED AGAINST THE ORDER OF THE LD. CIT(A) -23, NEW DELHI FOR ASSESSME NT YEAR 2012-13 IN THE CASE OF DIFFERENT ASSESSEE OF THE SAME GROUP. 2. BEFORE GOING INTO THE MERITS OF THE APPEALS, WE FIND THAT ON IDENTICAL SET OF FACTS IN THE CASE OF AMRAPALI GROU P CASES, THE CO- ORDINATE BENCH IN ITA NOS. 1948 TO 1951/DEL/2017 HA S HELD AS UNDER: 4. ON CAREFUL CONSIDERATION AND IN VIEW OF THE F ACT THAT AMRAPALI GROUP IS UNDERGOING INSOLVENCY PROCEEDINGS UNDER IN SOLVENCY & BANKRUPTCY CODE, 2016. FURTHER IN THE LEAD COMPANY AMRAPALI SILICON PVT. LTD., THE INTERIM RESOLUTION PROFESSIO NAL HAS ALREADY BEEN APPOINTED. THEREFORE, ACCORDING TO SECTION 14 OF THE INSOLVENCY & BANKRUPTCY CODE, 2016, NO PROCEEDINGS CAN CONTINUE AGAINST THE CORPORATE DEBTOR I.E. ASSESEE. THESE AR E ALL THE APPEALS FILED BY THE LD AO IN RESPECTIVE CASES. IN VIEW OF THIS, ALL THESE 20 APPEALS FILED BY THE LD. ASSESSING OFFICER ARE DISM ISSED. HOWEVER, 3 LD. AO IS AT LIBERTY TO MAKE AN APPLICATION FOR RE- INSTITUTION OF THESE APPEALS AFTER THE RESOLUTION PROCESS ENDS UND ER IBC 2016. 3. RESPECTFULLY FOLLOWING THE FINDINGS OF THE CO-OR DINATE BENCH [SUPRA] WE HOLD ACCORDINGLY WITH SIMILAR OBSERVATIO NS. 4. IN THE RESULT, ALL THE THREE APPEALS IN ITA NO. 4365, 4369 AND 4370/DEL/2017 BY THE REVENUE ARE ACCORDINGLY DISMIS SED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 17.06. 2021. SD/- SD/- [ AMIT SHUKLA ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 17 TH JUNE, 2021 VL/ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P S/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER