Mcleodganj Tea House Pvt. Ltd., Uttar Pradesh V. ITO, Noida

ITA 5353/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5394 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 13-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S KRISHNA
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES E: DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA.NO.5353/DEL./2016 ASSESSMENT YEAR 2012-2013 MCLEODGANJ TEA HOUSE PVT. LTD., MR. K. SARKAR, 8 NSEZ, UTTAR PRADESH. PIN- 201 305. VS., THE INCOME TAX OFFICER, WARD 2 (2), NOIDA ( APPELLANT ) (RESPONDENT) FOR ASSESSEE : SHRI S. KRISHNA, ADVOCATE FOR REVENUE : MS. RAKHI VIMAL, SR. D.R. DATE OF HEARING : 19 .0 2 .20 20 DATE OF PRONOUNCEMENT : 19 .0 2 .20 20 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-1, NOIDA, DATED 24.06.2016, FOR THE A.Y. 2012-2013. 2. THE ASSESSEE IS A PRIVATE LIMITED COMPANY. ASSESSMENT UNDER SECTION 143(3) WAS PASSED ON 2 ITA.NO.5353/DEL./2016 MCLEODGANJ TEA HOUSE PVT. LTD., 8 NSEZ, UP. 27.03.2015. THE ASSESSEE CHALLENGED THE ASSESSMENT ORDER BEFORE THE LD. CIT(A) WHO HAVE HOWEVER DISMISSED THE APPEAL OF ASSESSEE FOR NON-PROSECUTION. 3. WE HAVE HEARD THE LEARNED REPRESENTATIVE OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. 4. LEARNED COUNSEL FOR THE ASSESSEE BY REFERRING TO THE GROUNDS OF APPEALS SUBMITTED THAT ASSESSEE-COMPANY CEASED TO CARRY ON BUSINESS IN FEBRUARY, 2014 AND VARIOUS STAKE HOLDERS VOLUNTARILY DECIDED TO WIND-UP THE COMPANY UNDER SECTION 560 OF THE COMPANIES ACT, 1956 AS PER THE GUIDELINES NOTIFIED VIDE GENERAL CIRCULAR 36/2011, DATED 07 TH JUNE, 2011, WHICH BECAME EFFECTIVE FROM 03.07.2011. ACCORDINGLY, THE COMPANY APPOINTED A RECEIVER TO SORT-OUT THE WINDING-UP FORMALITIES AND ARRIVE AT AN AMICABLE SETTLEMENT OF VARIOUS CREDITORS. THE WINDING-UP PROCESS WAS COMPLETED IN FEBRUARY 2015. THE NAME OF THE ASSESSEE COMPANY WAS THEREAFTER STRUCK-OFF FROM THE RECORD OF THE REGISTRAR OF COMPANIES AND THE COMPANY CEASED TO EXIST. THE ASSESSMENT DONE BY THE INCOME-TAX DEPARTMENT IN 3 ITA.NO.5353/DEL./2016 MCLEODGANJ TEA HOUSE PVT. LTD., 8 NSEZ, UP. NOIDA IN APRIL 2015 AFTER WINDING-UP OF THE COMPANY IS ILLEGAL AND INVALID. LEARNED COUNSEL FOR THE ASSESSEE, HOWEVER, SUBMITTED THAT THE APPEAL IS SIGNED BY AUTHORISED SIGNATORY OF THE ASSESSEE INSTEAD OF RECEIVER/OFFICIAL LIQUIDATOR. 5. THE LD. D.R, THEREFORE, SUBMITTED THAT APPEAL OF THE ASSESSEE IS NOT MAINTAINABLE. 6. CONSIDERING THE ABOVE FACTS, IT IS CLEAR THAT THE ASSESSEE-COMPANY HAS GONE IN WINDING-UP AND CEASED TO EXIST, THEREFORE, APPEAL COULD NOT BE FILED BY THE AUTHORISED SIGNATORY ON BEHALF OF THE ASSESSEE-COMPANY. THE APPEAL SHALL HAVE TO BE FILED BY RECEIVER/OFFICIAL LIQUIDATOR AS PER LAW. IN THIS VIEW OF THE MATTER, THE APPEAL OF THE ASSESSEE IS NOT MAINTAINABLE IN THE PRESENT FORM AND THE SAME IS ACCORDINGLY DISMISSED WITH A LIBERTY TO THE ASSESSEE TO FILE FRESH APPEAL THROUGH THE RECEIVER/OFFICIAL LIQUIDATOR, IF SO ADVISED, IN ACCORDANCE WITH LAW. APPEAL OF THE ASSESSEE IS DISMISSED. 7. IN THE RESULT, APPEAL OF THE ASSESSEE DISMISSED. 4 ITA.NO.5353/DEL./2016 MCLEODGANJ TEA HOUSE PVT. LTD., 8 NSEZ, UP. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (PRASHANT MAHARISHI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 19 TH FEBRUARY, 2020 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT E BENCH 6. GUARD FILE // BY ORDER // ASST. REGISTRAR : ITAT DELHI BENCHES : DELHI.