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

ITA 5596/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7251 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 28-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 13; 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D , NEW DELHI BEFORE MS . SUCHITRA KAMBLE , JUDICIAL MEMBER AND SH. PRASHANT MAHARISHI, ACCOUNTANT M EMBER ITA NO. 1160, 4303 , 5177 AND 5596 / DEL /201 6 ( ASSESSMENT YEAR S : 2009 - 10 , 20 1 1 - 1 2 , 2012 - 13 AND 2013 - 14) ACIT CENTRAL CIRCLE - 1 NEW DELHI VS JET LITE (INDIA) LTD. R/O JET AIR HOUSE 13, COMMUNITY CENTRE, YUSUF SARAI, NEW DELHI - 110049 PAN NO. AADCS4480L (APPELLANT) (RESPONDENT) APPELLANT BY SH. J. K. MISHRA, CIT DR RESPONDENT BY NONE DATE OF HEARING: 07 & 08 / 0 1 /20 20 DATE OF PRONOUNCEMENT: 30 / 0 1 /20 20 ORDER PER PRASHANT MAHARISHI, AM . 1 . ITA NO. 1160/DEL/2016 IS FILED THE LD AO AGAINST THE ORDER OF THE LD CIT(A) - 23, NEW DELHI DATED 23.12.2015 FOR ASSESSMENT YEAR 2009 - 10. 2 . ITA NO. 4303/DEL/2016 IS FILED BY AO AGAINST THE ORDER OF LD CIT(A) - 23, NEW DELHI DATED 17.05.2016 FOR ASSESSMENT YEAR 2011 - 12. 3 . ITA NO. 5177/DEL/2016 IS FILED BY THE AO AGAINST THE ORDER OF THE LD CIT(A) - 23, NEW DELHI DATED 27.07.2016 FOR ASSESSMENT YEAR 2012 - 13. 4 . ITA NO. 5596/DEL/2016 IS FIL ED BY THE REVENUE AGAINST THE ORDER OF THE LD CIT(A) - 23, NEW DELHI DATED 26.08.2016 FOR ASSESSMENT YEAR 2013 - 14. 5 . AT THE TIME OF HEARING THE LD DR SUBMITTED THAT THE FILES OF THE ASSESSEE HAVE BEEN TRANSFERRED TO MUMBAI FRO M DELHI AND THEREFORE, APPEALS MAY BE TRANSFERRED AS THE CASE RECORDS HAVE BEEN TRANSFERRED TO 2 MUMBAI JURISDICTION . DESPITE NOTICE , NONE APPEARED ON BEHALF OF THE ASSESSEE. 6 . HOWEVER, AT THE TIME OF HEARING IT HAS COME TO OUR NOTICE THAT THE ABOVE COMPANY HAS BEEN REFERRED FOR INSOLVENCY AN D BANKRUPTCY CODE, 2016. FOR RESOLUTION OF INSOLVENCY IN CP ( IB ) NO. 3109/MB/2019. 7 . ACCORDING TO SECTION 14 OF IBC CODE, 2016 NO SUIT OR PROCEEDINGS CAN CONTINUE AGAINST THE ABOVE COMPANY , TILL THE MORATORIUM PERIOD ENDS. IN VIEW OF THIS , WE DISMISS ALL THE SE FOUR APPEALS FILED BY THE LD AO WITH A LIBERTY TO FILE THEM AFRESH , AFTER THE MORATORIUM PERIOD AS PER IBC CODE , ENDS. 8 . IN VIEW OF THIS FOUR APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 / 01 / 2020 . - SD. - - SD/ - ( SUCHITRA KAMBLE ) (PRASHANT MAHARISHI ) JUDICIAL MEMBER ACCOUNTANT MEMBER * AK KEOT * DATE: 30 . 0 1 .20 20 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI