DCIT, New Delhi V. M/s Su-Kam Communication System Ltd., New Delhi

ITA 691/DEL/2011

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6099 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 27-04-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 04-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI G BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND S HRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 61 / DEL /201 1 [A.Y 20 05 - 06 ] SUKAM COMMUNICATION SYSTEMS PVT LTD VS. THE A.C.I.T 306, KIRTI DEEP BUILDING, NANGAL RAYA RANGE 9 NEW DELHI NEW DELHI PAN NO: AAFCS 0019 P ITA NO. 691/DEL/2011 [A.Y 2005 - 06] & ITA NO. 3794/DEL/2010 [A.Y 2006 - 07] THE D Y .C.I.T VS. SUKAM COMMUNICATION SYSTEMS PVT LTD CIRCLE 9(1) 306, KIRTI DEEP BUILDING, NANGAL RAYA NEW DELHI NEW DELHI PAN NO: AAFCS 0019 P [APPELLANT] [RESPONDENT] DATE OF HEARING : 0 5 . 0 8 .201 9 DATE OF PRONOUNCEMENT : 05 . 0 8 .201 9 ASSESSEE BY : SHRI SOMIL AGARWAL , ADV REVENUE BY : SHRI N.K. BANSAL , SR. DR 2 ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER: TH E ABOVE CROSS APPEAL S BY THE ASSESSEE IN ITA NO. 61/DEL/2011 AND THE REVENUE IN ITA NO. 691/DEL/2011 ARE PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS] - XII , NEW DELHI DATED 2 9 . 1 0.201 0 PERTAINING TO ASSESSMENT YEAR 20 05 - 06 . THE REV ENUE HAS ALSO PREFERRED AN APPEAL IN ITA NO. 3794/DEL/2010 AGAINST THE ORDER OF THE CIT(A) - XII, NEW DELHI DATED 15.03.2010 PERTAINING TO A.Y 2006 - 07. SINCE ALL THESE APPEALS PERTAIN TO SAME ASSESSEE AND WERE HEARD TOGETHER, WE ARE DISPOSING THEM OFF BY TH IS COMMON ORDER FOR THE SAKE OF CONVENIENCE AND BREVITY. 2. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE PLACED BEFORE US THE ORDER OF THE NATIONAL COMPANY LAW TRIBUNAL [NCLT] , PRINCIPAL BENCH AT NEW DELHI IN C.A 569 [PB]/2019 IN COMPANY PETITION NO. [IB] 540[PB]/2017 DATED 03.04.2019 U/S 33(1) OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016 FOR LIQUIDATION OF THE CORPORATE DEBTOR M/S SU KAM POWER SYSTEMS LIMITED. 3. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE ORDERS OF THE AUTHORITIES BELOW AND HAVE PERUSED THE ORDER OF THE NCLT FOR TAKING OVER THE CHARGE OF THE COMPANY. ACCORDING TO THE PROVISIONS OF SECTION 14 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, A MORA TORIUM HAD BEEN DECLARED AND CONTINUATION OF ANY PENDING SUIT IS BARRED AND, THEREFORE, TILL THE INSOLVENCY 3 PROCEEDINGS CONTINUES, THESE APPEALS CANNOT BE PROCEEDED WITH. THEREFORE, IN THE LIGHT OF THE AFORESAID ORDER OF THE NCLT , ALL THESE APPEALS ARE DI SMISSED. 4. HOWEVER, IN THE INTEREST OF JUSTICE, WE GIVE LIBERTY TO THE ASSESSEE AS WELL AS THE REVENUE TO FILE APPLICATION FOR REVIVAL OF THESE APPEALS AS AND WHEN THE MORATORIUM PERIOD IS OVER OR THE REVIVAL OF THE APPEALS. MEANWHILE, ALL THESE APPEALS BY THE ASSESSEE AS WELL AS THE REVENUE STAND DISMISSED. 5. I N THE RESULT, THE APPEAL FILED BY THE ASSESSEE IN ITA NO. 61 /DEL/201 1 AND THE APPEAL S OF THE REVENUE IN ITA NO. 691 /DEL/201 1 AND 3794/DEL/2010 STAND DISMISSED . THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 05 . 08 .201 9 . S D / - S D / - [ SUDHANSHU SRIVASTAVA ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 05 TH AUGUST , 201 9 VL/ 4 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER