Amtek Auto Ltd., Gurgaon V. ACIT, Central Circle- 30, New Delhi

ITA 7018/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9644 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 23-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SATPAL GULATI
• Assessee Lawyers: N O N E
• Section: 271(1)(c)

Judgement Text

PAGE | 1 DX INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH A: NEW DELHI ] BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NOS. 7017 & 7018/DEL/2017 (ASSESSMENT YEARS: 2007-08 & 2008-09) M/S. AMTEK AUTO LIMITED, 62A63 UGF, WTC BUILDING, BABAR ROAD, CONNAUGHT PLACE, NEW DELHI 110 001. PAN: AAGCA4447E VS. ACIT, CENTRAL CIRCLE: 30, NEW DELHI. (APPELLANT ) (RESPONDENT) ASSESSEE BY : N O N E; REVENUE BY: SHRI SAT PAL GULATI [CIT] DR; DATE OF HEARING 16 /03/2021 DATE OF PRONOUNCEMENT 16 /03/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. I.T. APPEAL 7017 (DEL) OF 2017 IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (APPEALS)-30, NEW DELHI, DATED 28.09.2017 WHEREIN THE PENALTY LEVIED BY THE LD. ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (THE ACT) OF RS. 4,67,30,423/- WAS CONFIRMED. SIMILARLY, I.T. APPEAL 7018 (DEL) OF 2017 IS ALSO FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (APPEALS) FOR ASSESSMENT YEAR 2008-09 WHEREIN PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT OF RS. 3,58,61,902/- WAS CONFIRMED. 2. DESPITE NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE. 3. THE LD. DR SUBMITTED THAT IN CASE OF THE SAME ASSESSEE, ITA NOS. 4942-4947 (DEL) OF 2014 AND APPEAL OF ASSESSEE FOR SAME YEARS WERE DECIDED ON 4.09.2019 WHEREIN THE ASSESSEE HAS SUBMITTED THAT NCLT, NEW DELHI, PR. BENCH VIDE CA(AT) IN SOLVENCY NO. 219 OF 2019 DATED 16.08.2019 PASSED AN ORDER UNDER SECTION 7 OF THE ITC 2016 APPOINTING INSOLVENCY RESOLUTION PROFESSIONAL FOR THE REVIVAL OF THE COMPANY. ON THIS BASIS THE APPEAL OF THE PAGE | 2 APPELLANT AND THE REVENUE WERE DISMISSED BY ITAT. HE SUBMITTED THAT IN THIS CASE THE APPEALS ARE FILED BY THE DIRECTOR OF THE COMPANY, WHO DOES NOT HAVE ANY LOCUS STANDI TO FILE AN APPEAL AFTER APPOINTMENT OF IRP. HE FURTHER SUBMITTED THAT BY THE SAME ORDER THE APPEALS OF THE ASSESSEE WERE ALSO DISMISSED. 4. WE HAVE CAREFULLY CONSIDERED THE CONTENTIONS OF THE LD. [CIT] DR AND FIND THAT ITA. 49424947 (DEL) OF 2014 FOR ASSESSMENT YEARS 2006-07 TO 2011-12 FILED BY THE ASSESSEE AND ITA. 5029 TO 5034 (DEL) OF 2014 FOR THE SAME ASSESSMENT YEARS FILED BY THE ASSESSING OFFICER WERE DISMISSED VIDE PARA NO. 4 OF THAT ORDER. THE CO-ORDINATE BENCH HELD THAT THESE APPEALS COULD NOT BE PROCEEDED WITH AND, THEREFORE, THE APPEAL OF THE ASSESSEE BECAME INFRUCTUOUS. THE CO-ORDINATE BENCH OF THE ITAT GAVE AN OPPORTUNITY TO BOTH THE COMPANIES FOR REVIVAL / RESTORATION OF THESE APPEALS ON REVIVAL OF THE COMPANY, IF SO DESIRED. SIMILARLY, IN THE CASE BEFORE US THESE APPEALS ARE FILED BY THE DIRECTOR OF THE COMPANY, WHO DOES NOT HAVE ANY LOCUS STANDI AS INSOLVENCY RESOLUTION PROFESSIONAL HAS BEEN APPOINTED. THEREFORE, WE ALSO DISMISS THESE APPEALS AS INFRUCTUOUS AND GIVE OPPORTUNITY TO THE IRP THAT IN CASE IF HE SO DESIRES MAY FILE THE APPEAL, IF THE COMMITTEE OF CREDITORS SO DECIDES. ACCORDINGLY, BOTH THESE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.03.2021. SD/- SD/- ( AMIT SHUKLA ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 16.03.2021. *MEHTA* COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (APPEALS) PAGE | 3 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI DATE OF DICTATION 16.03.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 16.03.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 16.03.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/ PS 16.03.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 16.03.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 16.03.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 16.03.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 16.03.2021 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 PAGE | 4