ELDER HEALTH CARE LTD, MUMBAI V. DCIT CC 34, MUMBAI

ITA 475/MUM/2017

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2738 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 19-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MURALI MOHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘E‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No.472/Mum/2017 to 476/ Mum/ 2017 (Asse ssment Year: 2006-07 to 2010-11) M/s. Elder Health Care Ltd., Elder House C-9, Dalia Indl. Estate Off New Link Road Andheri (W) Mumbai- 400 058 Vs. DCIT CC 34, Mumbai PAN/GIR No.AAACE0869Q (Appellant) .. (Respondent) Assessee by None Revenue by Shri Murali Mohan Date of Hearing 16/06/2022 Date of Pronouncement 27 /06/2022 आदेश / O R D E R PER BENCH: These appeals in ITA Nos.472/Mum/2017 to 476/Mum/2017 for A.Y.2006-07 to 2010-11 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-54, Mumbai in appeal dated 06/10/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 153C of the Income Tax Act, 1961 (hereinafter referred to as Act). Identical issues are involved in all these appeals, hence, they are taken up together and disposed of by this common order for the sake of convenience. ITA No.472/Mum/2017 M/s. Elder Health Care Ltd., 2 3. None appeared on behalf of the assessee. At the outset, we find that assessee’s case has been referred to Hon’ble National Company Law Tribunal (NCLT) for Insolvency Resolution Process and an Interim Resolution Professional (IRP) has been appointed in the assessee company. The Form No.36 available in our record is the one signed by the erstwhile Director of the assessee company. As per Section 14 of the Insolvency and Bankruptcy Code, 2016, no proceedings shall remain pending with any Court or Tribunal, once the Insolvency Resolution Proceedings had been initiated on a Corporate Debtor. It is not in dispute that the assessee company is a Corporate Debtor. The Official Liquidator has been appointed in the instant case and the Official Liquidator has not impleaded himself before this Tribunal by filing form No.36. Hence, the present appeals in the present format are not maintainable and hence, liable to be dismissed. 4. In view of the above, we deem it fit and appropriate to dismiss these appeals of the assessee as not maintainable with a liberty given to Official Liquidator to prefer Miscellaneous Application, if so desired, after the completion of Insolvency Resolution Process, in which event, this appeal shall be restored. 5. In the result, appeals of the assessee are dismissed as not maintainable. Order pronounced on 27/06/2022 by way of proper mentioning in the notice board. Sd/- (RAHUL CHAUDHARY) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 27/06/2022 KARUNA, sr.ps ITA No.472/Mum/2017 M/s. Elder Health Care Ltd., 3 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//