Three C Shelters P.Ltd, New Delhi V. ACIT, CIRCLE- 25(1), NEW DELHI

ITA 7189/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2489 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2013-2014
• Appeal Filed On: 01-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL
• Section: 143(3); 13

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I - 2 : NEW DELHI BEFORE SHRI KULDIP SINGH , JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 7188 AND 7189/DEL/2017 (ASSESSMENT YEAR: 2012 - 13 AND 2013 - 14 ) THREE C SHELTERS P. LTD, C/O. SANJIV SAPRA AND ASSOCIATES LLP, C - 763, NEW FRIENDS COLONY, NEW DELHI PAN: AADCT7054P VS. ACIT, CIRCLE - 25(1), NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SANJIV SAPRA, ADV REVENUE BY: SHRI M. BARANWAL, SR. DR DATE OF HEARING 17/02/2021 DATE OF PRONOUNCEMENT 1 7 / 02 / 2021 O R D E R PER PRASHANT MAHARISHI , A. M. 1. ITA NO. 7188/DEL/2017 AND 7189/DEL/2017 ARE THE APPEALS FILED BY THE ASSESSEE THREE C SHELTERS SP LTD FOR ASSESSMENT YEAR 2012 - 13 AND 2013 - 14 AGAINST THE ORDER OF THE LD ACIT, CIRCLE - 25(1), NEW DELHI AGAINST THE ASSESSMENT ORDER PASSED U/S 143(3) READ WITH SECTION 144C(5) OF THE INCOME TAX ACT, 1961 DATED 24.10.2017 FOR ASSESSMENT YEAR 2012 - 13 AND ORDER PASSED ON 24.10.2017 FOR ASSESSMENT YEAR 2013 - 14. 2. AT THE TIME OF HEARING IT WAS SUBMITTED THAT NATI ONAL COMPANY LAW TRIBUNAL VIDE ORDER DATED 16.10.202 0 HAS INITIATED INSOLVENCY PROCEEDINGS AGAINST THE ASSESSEE AND HAS DECLARED MORATORIUM TILL COMPLETION OF SUCH PROCEEDINGS AS PER SECTION 14 OF INSOLVENCY AND BANKRUPTCY CODE. NCLT HAS ALSO APPOINTED MR . AMARPAL AS IRP. 3. THE LD DR ALSO SUBMITTED THAT ASSESSEE CANNOT PURSUE THIS APPEAL AND EVEN IF IT IS TO BE PURSUE THIS IT HAS TO BE THROUGH FRESH INSOLVENCY PROCEEDINGS. PAGE | 2 4. AS THESE APPEALS HAVE BEEN FILED BY THE AUTHORIZED SIGNATORY, DIRECTOR OF THE COMPANY WHO IS NOW FUNTUS OFFICIO IN THESE MATTERS AND IF IRP DESIRES TO PURSUE THIS MATTER SEPARATE APPEALS ARE REQUIRED TO BE FILED BY IRP. THEREFORE, THESE APPEALS ARE INFRACTUOUS. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS AND ALSO PERUSED THE ORDERS OF THE NCLT, DELHI BENCH DATED 23.10.2020 WHEREIN, THE ABO VE COMPANY HAS BEEN REFERRED FOR BANKRUPTCY CODE. IRP HAS ALSO BEEN APPOINTED. AS SOON AS INSOLVENCY PROCEEDINGS COMMENCED UNDER IBC 2016, ALL THE LITIGATIONS ARE TO BE PURSUED BY IRP AND NOT BY THE COMPANY. AS THESE APPEALS FILED BY THE ASSESSEE COMPANY THROUGH ITS DIRECTORS, WE TREAT THESE APPEALS AS INFRUCTUOUS AND DISMISSED THEM WITH A LIBERTY TO THE IRP THAT IN CASE IF HE FIND IT PRUDENT TO PURSUE THIS APPEAL, HE MAY FILE THE APPEAL UNDER HI S NAME AS IRP A N D H E M A Y A P P L Y FOR RECALL OF THIS ORDER OR FILE A FRESH APPEAL WITH AN APPLICATION FOR CONDONATION OF DELAY. 5. ACCORDINGLY, ALL THESE APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS ABOVE. ORDER PRONOUNCED IN THE OPEN COURT O N 1 7 / 02 / 2021 . - SD/ - - SD/ - ( KULDIP SINGH ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 7 / 02 / 2021 A K KEOT COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI