Om Pizza & Eats India Pvt. Ltd., Gurugram V. Addl. CIT, Special Range-7, New Delhi

ITA 7820/DEL/2019

AI Insights

The case involved Om Pizza & Eats India Pvt. Ltd., which appealed against the order of the CIT(A)-38, New Delhi, dated 25.07.2019, pertaining to the Assessment Year 2015-16. The primary grievances included the levy of penalty under section 271(l)(c) of the Income Tax Act, 1961, during a period of moratorium as per the Insolvency and Bankruptcy Code, 2016, and other related disallowances and penalties. The appellant argued that the penalty was imposed in violation of the principles of natural justice and during an ongoing Corporate Insolvency Resolution Process (CIRP). However, before the tribunal could deliberate on these issues, the appellant decided to withdraw the appeal.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 116324 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 21-12-2022
• Assessment Year: misc
• Appeal Filed On: 25-09-2019
• Laws Referred To: Income Tax Act, Insolvency and Bankruptcy Code, 2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation; Principle of natural justice
• Section: 32; 144; 43B; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No.7820/Del/2019 Assessment Year: 2015-16 Om Pizza & Eats India Pvt. Ltd., C/o Deloitte Haskin & Sells LLP, 7 th Floor, Building-10, Tower-B, DLF Cyber City, Gurgaon - 122002 PAN No.AAACO7685C Vs. Addl. CIT Special Range-7 New Delhi (APPELLANT) (RESPONDENT) Appellant Sh. Ankur Kumar Tripathi, Advocate Respondent Ms. Sarika KumarI, CIT DR Date of hearing: 22/12/2022 Date of Pronouncement: 22/12/2022 ORDER PER PRADIP KUMAR KEDIA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-38, New Delhi dated 25.07.2019 pertaining to A.Y.2015-16. 2. The grievance of the assessee read as under :- 1. That on the facts and circumstances of the case and in law, the Ld. AO erred 2 in levying Penalty u/s 271(l)(c) of the Act in violation to principles of natural justice and in complete haste since the appeal against the order passed u/s 144 rws 143(3) of the Act was still pending with Ld. CIT(A); 2. That on the facts and circumstances of the case and in law, the Ld. AO erred in levying penalty u/s 271(l)(c) of the Act in violation of the provisions of section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) as it was passed during the period of moratorium declared under section 14 of the IBC which prohibit any proceedings to be carried out on the Appellant who is a Corporate Debtor undergoing Corporate Insolvency Resolution Process; 3. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not condoning the delay in filing of appeal against the order passed by Ld. Assessing Officer (‘Ld. AO’) u/s 271(l)(c) of the Act; 4. That on the facts and circumstances of the case and in law, Ld. CIT(A)/ Ld. AO erred in upholding/ levying the penalty u/s 271(l)(c) of the Act on the ground that appellant had furnished inaccurate particulars of Income; 5. That on the facts and circumstances of the case and in law, the Ld. AO erred in levying penalty in relation to disallowances of expenditure amounting to INR 44,11,74,570 debited in Profit & Loss account for the year under consideration; 6. That on the facts and circumstances of the case and in law, the Ld. AO erred in levying penalty in relation to disallowance of the employee contribution u/s 2(24)(x) r.w.s. 36(l)(va) of the Act; 7. That on the facts and circumstances of the case and in law, the Ld. AO erred in levying penalty in relation to disallowance of the depreciation amounting to INR 7,84,40,869 claimed u/s 32 of the Act; 8. That on the facts and circumstances of the case and in law, the Ld. AO erred in levying penalty in relation to disallowance of an amount of INR 8,041 u/s 43B of the Act. 3. At the very outset the authorized representative of the assessee moved application for withdrawal of appeal which is reproduced hereunder; 3 4 4. In the wake of petition for withdrawal of appeal, this appeal is dismissed as withdrawn. 5. Decision announced in the open court on 22.12.2022 Sd/- Sd/- (NARENDER CHOUDHRY) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:- .12.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI