Appeal details
Counselvise Citation
[2019] 116 COUNSELVISE.COM (IT) 2412 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
4 year(s) 11 month(s) 22 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
04-09-2019
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Assessment Year
2006-2007
Appeal Filed On
12-09-2014
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI A BEN CH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI SUCHITRA KAMBLE, JUDICIAL MEMBER, ITA NOS.4942 TO 4947/DEL/2014 [ASSESSMENT YEARS: 2006-07 TO 2011-12] M/S AMTEK AUTO LTD. 16, INDUSTRIAL AREA, ROZ-KA-MEO, SOHNA, GURGAON, HARYANA-122103 DCIT, CENTRAL CIRCLE-14, ROOM NO.320, IIIRD FLOOR, ARA CENTRE, JHANDEWALAN EXTN., NEW DELHI PAN-AAGCA4447E ASSESSEE REVENUE ITA NOS.5029 TO 5034/DEL/2014 [ASSESSMENT YEARS: 2006-07 TO 2011-12] DCIT, CENTRAL CIRCLE-14, ROOM NO.320, IIIRD FLOOR, ARA CENTRE, JHANDEWALAN EXTN., NEW DELHI M/S AMTEK AUTO LTD. 16, INDUSTRIAL AREA, ROZ-KA-MEO, SOHNA, GURGAON, HARYANA-122103 PAN-AAGCA4447E REVENUE ASSESSEE ASSESSEE BY DR. RAKESH GUPTA-ADVOCATE REVENUE BY SHRI SANJAY GOYAL-CIT-DR DATE OF HEARING 02/09/2019 DATE OF PRONOUNCEMENT 04/09/2019 ORDER PER BENCH THESE APPEALS HAVE BEEN FILED BY THE ASSESSEE AS WE LL AS THE REVENUE AGAINST THE ORDERS DATED 26/03/2014 PAS SED BY 2 THE CIT(A)-XXXIII, NEW DELHI, FOR ASSESSMENT YEARS 2006-07, 2007-08, 2008-09, 2009-10, 2010-11 AND 2011-12 RESP ECTIVELY. 2. AT THE TIME OF HEARING, THE LD. AR SUBMITTED TH E ORDER PASSED BY THE NATIONAL COMPANY LAW TRIBUNAL, NEW DE LHI, PRINCIPAL BENCH VIDE CA(AT)(INSOLVENCY) NO.219 OF 2 019 DATED 16/08/2019 U/S 7 OF THE INSOLVENCY AND BANKRUPTCY C ODE, 2016. ACCORDING TO THAT ORDER, INSOLVENCY RESOLUTIO N PROFESSIONAL HAS BEEN APPOINTED FOR THE REVIVAL OF THE COMPANY. THE LD. AR SUBMITTED THAT ACCORDING TO THE PROVISIO NS OF SECTION 14 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2 016, A MORATORIUM HAD BEEN DECLARED AND CONTINUATION OF AN Y PENDING ANY PENDING SUIT IS BARRED AND, THEREFORE, TILL THE INSOLVENCY PROCEEDINGS CONTINUE, THESE APPEALS CANNOT BE PROCE EDED WITH. THEREFORE, IN THE LIGHT OF THE AFORESAID ORDER OF T HE NCLT, ALL THESE APPEALS ARE DISMISSED. 3. THE LD. DR DID NOT CONTEST THESE FACTS NARRATED BY THE LD. AR. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED ALL THE RELEVANT MATERIAL AVAILABLE ON RECORD. IT IS PERTIN ENT TO NOTE THAT ACCORDING TO THE PROVISION OF SECTION 14 OF THE INS OLVENCY AND BANKRUPTCY CODE, 2016 THE MORATORIUM HAS BEEN DECLA RED AND 3 THE CONTINUATION OF ANY PENDING SUIT IS BARRED. THE REFORE TILL THE INSOLVENCY PROCESS CONTINUES THESE APPEALS CANNOT B E PROCEEDED WITH. THEREFORE, TILL THE COMPANY IS REVI VED IN TERMS OF THE ACT ANY APPEAL FILED BY THE ASSESSEE AND THE REVENUE BECOMES INFRUCTUOUS. THEREFORE WE DISMISS ALL THE A PPEALS FILED BY THE ASSESSEE AS WELL AS THE REVENUE. HOWEVER, IN THE INTEREST OF JUSTICE, WE GIVE LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE TO FILE AN APPLICATION FOR REVIVAL OF THESE APPEALS AS AND WHEN THE MORATORIUM PERIOD IS OVER OR REVIVAL OF TH E COMPANY TAKES PLACE. IN MEANWHILE, ALL THE APPEALS FILED BY THE ASSESSEE AS WELL AS BY THE REVENUE ARE DISMISSED. 5. IN RESULT, ALL THE APPEALS FILED BY THE ASSESSE E AND THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/09/2019. S SD........ SSSD SD/- SD/- SD/- [N.K.BILLAIYA] [SUCHITRA KAMBLE] ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI; DATED: 04/09/2019. F{X~{T? F{X~{T? F{X~{T? F{X~{T? FA FA FA FA P.S P.SP.S P.S KAVITA, SR. PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, 4 ITAT, NEW DELHI DATE OF DICTATION 03/09 /2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 03/09/2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS 05 /09/2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 04/09/2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P S/PS 05/09/2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 05/09/2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 05 /09/2019 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
