ACIT, New Delhi V. M/s. Jet Lite (India) Ltd., New Delhi

ITA 4738/DEL/2015

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2692 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 17-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J K MI SHRA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI , , BEFORE MS. SUSHMA CHOWLA, VP & SH. P. MAHARISHI, AM / ITA NOS. 4738 & 4880/DEL/2015 / ASSESSMENT YEAR 2008-09 ACIT, CENTRAL CIRCLE-1, NEW DELHI .......... /APPELLANT VS M/S JET LITE (INDIA) LTD, ... !' / RESPONDENT JETAIR HOUSE, 13, COMMUNITY CENTRE, YUSUF SARAI, NEW DELHI PAN-AADCS4480L AND M/S JET LITE (INDIA) LTD, .......... /APPELLANT JETAIR HOUSE, 13, COMMUNITY CENTRE, YUSUF SARAI, NEW DELHI PAN-AADCS4480L VS ACIT, CENTRAL CIRCLE-1, NEW DELHI !' / RESPONDENT #$% / APPELLANT BY : SH. J.K. MISHRA, CIT DR !' #$% / RESPONDENT BY : NONE &'#() / DATE OF HEARING : 12.3.2020 *+ #() / DATE OF PRONOUNCEMENT: 12.03.2020 / ITA NOS:- 4738, 4880/DEL/2015 2 / ORDER PER SUSHMA CHOWLA, VP BOTH THE APPEALS FILED BY THE ASSESSEE AND THE REVE NUE ARE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX(APPEALS)-23 , NEW DELHI DATED 11.05.2015 RELATING TO ASSESSMENT YEAR 2008-09 AGAI NST ORDER PASSED UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961. 2. THE CROSS APPEALS FILED BY THE ASSESSEE AND THE REVENUE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CONSOLID ATED ORDER FOR THE SAKE OF CONVENIENCE. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT WAS MOVED. 4. THE LEARNED DR FOR THE REVENUE POINTED OUT THAT THE ISSUE STANDS COVERED AGAINST THE ASSESSEE BY THE ORDER OF THE TR IBUNAL VIDE ORDER DATED 30.01.2020 FOR ASSESSMENT YEARS 2009-10, 2011-12, 2 012-13 AND 2013-14 IN ITA NOS. 1160, 4303, 5177 AND 5596/DEL/2016. 5. ON PERUSAL OF RECORD AND AFTER HEARING THE LEARN ED DR FOR THE REVENUE, WE NOTE THAT THE SAID COMPANY HAS BEEN REF ERRED FOR RESOLUTION OF INSOLVENCY IN CP(IB) NO. 3109/MB/2019 UNDER INSOLVE NCY AND BANKRUPTCY CODE, 2016. DURING THE PERIOD OF MORATORIUM, NO SUI T OR PROCEEDING CAN CONTINUE AGAINST THE COMPANY. IN VIEW THEREOF, WE D ISMISS THE CROSS APPEALS FILED BY THE ASSESSEE AND REVENUE WITH LIBERTY TO F ILE THE SAME AFRESH AFTER / ITA NOS:- 4738, 4880/DEL/2015 3 MORATORIUM PERIOD AS PER IBC CODE, 2016 ENDS. HENCE THE CROSS APPEALS ARE DISMISSED. 6. IN THE RESULT, THE CROSS APPEALS FILED BY THE AS SESSEE AND REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH DAY OF MARCH, 2020. SD/- SD/- (PRASHANT MAHARISHI) (SUSHMA CHOWL A) )- )- )- )- /ACCOUNTANT MEMBER ./0 ./0 ./0 ./0 /VICE PRESIDENT / DATED : 12 TH MARCH, 2020 SH #!(121(3 COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. !' / THE RESPONDENT; 3. &4 &5 / THE PR. CIT 4. 167!( / DR, ITAT, DELHI 5. 78' 3 GUARD FILE. & & & & / BY ORDER , '1(!( // TRUE COPY // :;-< , / ITAT, DELHI