IDHASOFT LTD, NAVI MUMBAI V. DCIT 10(3), MUMBAI

ITA 6329/MUM/2014

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5830 (ITAT-MUMBAI)
• Duration Of Justice: 7 year(s) 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2009-2010
• Appeal Filed On: 12-10-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Liquidation

Judgement Text

1 ITA 6329/Mum/2014 ITA 1218/Mum/2015 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K”, MUMBAI BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND SHRI KULDIP SINGH (ACCOUNTANT MEMBER) I.T.A No.6329/Mum/2014 - A.Y. 2009-10 I.T.A No.1218/Mum/2015 - A.Y. 2010-11 Idhasoft Limited B-407, BSEL Tech Park, 4 th Floor, Sector 30A Vashi, Navi Mumbai-400 705 PAN : AABCI6090G vs DCIT-10(3) Aayakar Bhavan Maharshi Karve Road Churchgate, Mumbai-400 020 APPELLANT RESPONDENT Assessee represented by None Department represented by Shri Sumit Kumar, Addl.CIT Date of hearing 22/03/2022 Date of pronouncement 29/03/2022 O R D E R Per: M. Balaganesh(AM): ITA No.6329/Mum/2014 is directed against the order of Commissioner of Income-tax (Appeals)-15, Mumbai dated 21/07/2014 for assessment year 2009-10 whereas the appeal in ITA No.1218/Mum/2018 is directed against the order 2 ITA 6329/Mum/2014 ITA 1218/Mum/2015 under section 144C(5) passed by the Dispute Resolution Panel-I, Mumbai (DRP) dated 29/12/2014 for the assessment year 2010-11. 2. At the outset, we find that the assessee had preferred an application for liquidation under Insolvency And Bankruptcy Code-2016. Interim Resolution Professional, Shri Ravindra Chturvedi has been appointed to carry out the affairs of the company on behalf of the assessee company by the order of Hon’ble National Company Law Tribunal, Special Bench, Mumbai Court II. 3. The Ld.DR placed on record the copy of order of National Company Law Tribunal, Special Bench, Mumbai Court II dated 26/03/2021 wherein the assessee company has been ordered for liquidation and Mr. Anjan Bhattacharya has been appointed as Liquidator who has been assigned the task of initiating the liquidation process in accordance with Chapter 3 of the Insolvency & Bankrupcy Board of India (IBBI Liquidation Process Regulations), 2016. Hence, it is very clear that assessee company is due for liquidation and that we find from the records that the Liquidator had not impleaded himself on behalf of the assessee company by preferring Form 36 and grounds of appeal before us. Hence, we deem it fit and appropriate to dismiss the appeals of the assessee as not maintainable. However, in case, if the Liquidator desires to implead himself on behalf of the assessee company for proceeding with these appeals, liberty shall be given to the assessee company through its Liquidator to prefer miscellaneous applications for restoration of these appeals. Since the appeals of the assessee for both the assessment years are dismissed on the ground of non maintainability, we refrain 3 ITA 6329/Mum/2014 ITA 1218/Mum/2015 to give our opinion on the merits of additions / disallowances made in the assessments. 4. In the result, both the appeals of the assessee are dismissed, as not maintainable. Order pronounced in the open court on 29/03/2022 Sd/- sd/- (KULDIP SINGH ) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dt : 29 th March, 2022 Pavanan 灹ितिलिप 灹ितिलिप灹ितिलिप 灹ितिलिप अ灡ेिषत अ灡ेिषतअ灡ेिषत अ灡ेिषतCopy of the Order forwarded to : 1. अपीलाथ牸/The Appellant , 2. 灹ितवादी/ The Respondent. 3. आयकर आयु猴(अ)/ The CIT(A)- 4. आयकर आयु猴 CIT 5. िवभागीय 灹ितिनिध, आय.अपी.अिध., मुबंई/DR, ITAT, Mumbai 6. गाड榁 फाइल/Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, Mumbai