DCIT, New Delhi V. M/s. Indirapuram Habitat Centre Pvt. Ltd., New Delhi

ITA 5684/DEL/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0265 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 07-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARAMITA M BISWAS
• Section: 13

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E : NEW DELHI BEFORE SHRI KULDIP SINGH , JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 5683, 5684 AND 5688/DEL/2015 (ASSESSMENT YEAR: 2006 - 07, 2007 - 08 AND 2012 - 13 ) DCIT, CENTRAL CIRCLE - 18, NEW DELHI VS. INDIRAPURAM HABITAT CENTRE PVT. LTD, 702 - 704, D - MALL, NETAJI SUBHASH PLACE, PITAMPURA, NEW DELHI PAN: AAGCS4747R (APPELLANT) (RESPONDENT) ITA NO. 5626, 5627 AND 5631/DEL/2015 (ASSESSMENT YEAR: 2006 - 07, 2007 - 08 AND 2012 - 13 ) INDIRAPURAM HABITAT CENTRE PVT. LTD, 702 - 704, D - MALL, NETAJI SUBHASH PLACE, PITAMPURA, NEW DELHI PAN: AAGCS4747R VS. DCIT, CENTRAL CIRCLE - 18, NEW DELHI (APPELLANT) (RESPONDENT) REVENUE BY : MS. PARAMITA M. BISWAS, CIT DR ASSESSEE BY: NONE DATE OF HEARING 20/07 / 2021 DATE OF PRONOUNCEMENT 2 0 / 07 / 2021 O R D E R PER BENCH 1. THESE ARE THE SIX APPEALS OF THE SAME ASSESSEE NAMELY INDIRAPURAM HABITAT CENTRE PVT. LTD FOR ASSESSMENT YEAR 2006 - 07, 2007 - 08 AND 2012 - 13 WHERE BOTH THE PARTIES FILED CROSS APPEAL BEFORE US. 2. AT THE TIME OF HEARING THE LD DR SUBMITTED THAT THIS ASSESSEE I S UNDERGOING INSOLVENCY PROCEEDINGS UNDER IBC CODE. SHE SUBMITTED THAT THE THREE APPEALS FILED BY THE ASSESSEE ARE SIGNED BY THE DIRECTORS OF THE COMPANY WHO NO LONGER HAVE LOCUS STANDI TO FILE THE APPEAL AND THESE PAGE | 2 APPEALS SHOULD HAVE BEEN F I L E D BY THE INSOLVENC Y RESOLUTION PROFESSIONAL. THEREFORE, THESE APPEALS DESERVE TO BE DISMISSED. HE SUBMITTED THAT THE APPEAL OF THE LD AO DESERVES TO BE HEARD AND SHE RELIED ON THE ORDER OF THE LD AO. 3. DESPITE NOTICE NONE APPEARED ON BEHALF OF THE ASSESSEE. 4. WE HAVE CAREFULL Y CONSIDERED THE CONTENTIONS RAISED BY THE LD CIT DR AND WE FIND THAT THIS COMPANY IS UNDERGOING RESOLUTION AS PER IBC 2016. IN FACT THE APPEAL S ARE FILED BY THE LD AO AGAINST THE ASSESSEE WHO IS UNDER MORATORIUM. ACCORDING TO THE PROVISION OF SECTION 14IB C, 2016 OF THE PROCEEDINGS AGAINST THE CORPORATE DEBTOR S H A L L C O N T I N U E TILL THE CONCLUSION OF THE INSOLVENCY PROCEEDINGS. IN CASE THE APPEAL OF THE ASSESSEE , SAME ARE FILED BY THE DIRECTOR WHO DO NOT HAVE ANY LUCAS STANDI IN THE PRESENT CASE AS INSOLVENCY RESOLUTION PROF ESSIONAL HAS BEEN APPOINTED IN THE PRESENT CASE. IN FACT THE APPEAL SHOULD HAVE BEEN REPLACED BY FILING A FRESH APPEAL AFTER HE OBTAINS THE APPROVAL OF THE COMMITTEE OF CREDITORS. THEREFORE, THE APPEAL S OF THE ASSESSEE ARE ALSO NOT MAINTAINABLE. IN VIEW OF THIS , WE DISMISS ALL THE SIX APPEALS, (THREE APPEALS FILED BY THE AO AND THREE APPEALS FILED BY THE ASSESSEE) WITH A LIBERTY TO THE LD AO THAT ON CONCLUSION O F INSOLVENCY RESOLUTION PROCEEDINGS HE MAY FILE A FRESH APPEAL OR MAY APPROACH THE TR IBUNAL FOR RECALL OF THIS THREE APPEALS. THE APPEAL S OF THE ASSESSEE ARE DISMISSED AS T H O S E HAVE NOT FILED BY THE IPR , W E G R A N T LIBERTY TO IPR TO FILE FRESH APPEAL OR A P P L Y FOR RECALL OF THIS ORDER IF THE COMMITTEE OF CREDITORS DECIDED TO PURSUE THIS PROCEEDING. 5. IN THE RESULT THE ALL THESE APPEALS OF THE LD AO AND THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 0 / 07 / 2021 . - SD/ - - SD/ - ( KULDIP SINGH ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 0 / 07 / 2021 A K KEOT COPY FORWARDED TO PAGE | 3 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI