CORE PROJECTS & TECHNOLOGIES LTD, HYDERABAD V. ASST CIT CEN CIR 40, MUMBAI

ITA 7018/MUM/2012

AI Insights

The case involves five appeals by M/s Core Projects & Technologies Limited for various assessment years, which were dismissed by the Income Tax Appellate Tribunal, Mumbai. The appeals were related to the company's tax assessments for the years 2009-10 to 2012-13. The key issue was the proper filing of these appeals following the company's winding up order by the Bombay High Court, which appointed an official liquidator. The Departmental Representative argued that the appeals should have been filed by the liquidator, not the company, due to the winding up proceedings. The tribunal agreed, noting the lack of proper representation and the absence of tax liabilities in the liquidator's statements.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 299767 (ITAT-MUMBAI)
• Duration Of Justice: 10 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Next Hearing Date: 20-02-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 22-11-2012
• Laws Referred To: Companies Act 2013, Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Liquidation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI RAHUL CHAUDHARY, JM ITA Nos.7018, 2019/MUM/2012 (Assessment Years 2009-10, 2010-11) ITA No.863/MUM/2016 (Assessment Years 2011-12) ITA Nos.2055/MUM/2017 (Assessment Years 2012-13) M/s Core P ro jects & T echnologies L im it ed P. Mu ral i & Co. Charte red Ac count ants, 6-3-655/2/3: 1 st F lo or Som aji guda, H yder abad-500082 Vs. Asst. CIT Circle-40, Mumbai (Appellant) (Respondent) PAN No. AAACA6016F ITA Nos.1929/MUM/2016 (Assessment Years 2011-12) DCIT Central Circle 7(1), Room No.653, 6 th Floor, Aaykar Bhavan M.K. Road, M 020 Vs. M/s Core Edu catio n & T echnologies L im it ed P. Mu ral i & Co. Charte red Ac count ants, 6-3-655/2/3: 1 st F lo or Som aji guda, H yder abad-500082 (Appellant) (Respondent) Assessee by : None Revenue by : Ms Samruddhi Hande , Sr DR Date of hearing: 21.02.2023 Date of pronouncement : 21.02.2023 O R D E R PER BENCH: 01. These are the five appeals pertaining to one assessee for four assessment years, wherein for A.Y. 2011-12, cross Page | 2 M/s Core Projects & Technologies Limited; A.Y. 09-10 to 12-13 appeals are filed and for other assessment years, assessee is in appeal. 02. At the time of hearing of the appeal, the learned Departmental Representative pointed out that the assessee company has been in winding up proceeding and Hon'ble Bombay High Court in Company Petition No. 641 of 2014 vide order dated 30 th October, 2017, has ordered the winding up of the above company and official Liquidator has been appointed. 03. All these appeals filed by the assessee in ITA No.7018/Mum/2012 for A.Y. 2009-10, ITA No.7019/Mum/2012 for A.Y. 2010-11, ITA No.863/Mum/2016 for A.Y. 2011-12 and ITA No.2055/Mum/2017 for A.Y. 2012-13 has been filed by the assessee but there is no reference or idea about who has signed these appeals. The learned Departmental Representative categorically referred to form no.36B filed for A.Y. 2009-10 which is signed on behalf of the assessee without mentioning the designation and name of the person. Similar is the case in all other appeals filed by the assessee. It was submitted that these appeal should be filed in accordance with the provisions of section 140 of the act. Therefore, according to the learned Departmental Representative in case of liquidation these appeals should have been filed by the liquidator and not anybody else. Therefore unless these appeals are reinstated duly signed by the official liquidator, these appeals cannot be allowed to be continued. Page | 3 M/s Core Projects & Technologies Limited; A.Y. 09-10 to 12-13 04. It was found that in ITA No.1929/Mum/2016, is filed by the learned Assessing Officer making the assessee respondent. In that appeal also the learned Assessing Officer should have mentioned the liquidator as respondent. 05. Fact shows that as the liquidation process has been ordered by the Hon'ble Bombay High Court on 30 th October, 2017, despite this, no efforts have been taken ITAT by the liquidator or by the learned assessing officer to reinstate the revised form number 36B/36 . It was also not shown before us that whether the outstanding dues of taxation are in the statement of liquidator's assets and liabilities or not. At least several occasions nobody is appearing on behalf of the assessee. These matters are before the Tribunal since 2012 and some of the matters are pertaining to 2016 and 2017. On looking at the order of the Hon'ble High Court that the above company has been ordered for liquidation according to Provision of Section 361 of the Companies Act 2013 and other provisions. It was not shown to us that whether the amount of income tax payable is claimed before the liquidator or not. If there is no such claim, the appeals, are futile. In view of this, we dismiss all the four appeals filed by the assessee as those are not preferred/replaced by the liquidator and no efforts have been made by the liquidator to reinstate revised appeals form. Similarly, the learned Assessing Officer has also not made the liquidator as respondent and further could not show whether the tax liability is part of the liquidator's statements of affairs or Page | 4 M/s Core Projects & Technologies Limited; A.Y. 09-10 to 12-13 not. Accordingly, all the five appeals are dismissed. However, we give a liberty to the Revenue and to the liquidator that in case the liabilities are contested, the proper appeal forms may be filed with a request for recall of this order. 06. Accordingly, all the five appeals are dismissed as per above direction. Order pronounced in the open court on 21.02.2023. Sd/- Sd/- (RAHUL CHAUDHARY) (PRASHANT MAHARISHI) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Mumbai, Dated: 21.02.2023 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. The CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Mumbai