ACIT, CIRCLE-2(1)(1), MUMBAI., MUMBAI V. M/S GREAT UNITED ENERGY PVT LTD, MUMBAI

ITA 961/MUM/2022

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8975 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 08-05-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI SANDEEP SINGH KARHAIL, JM ITA No. 961/Mum/2022 (Assessment Year 2014-15) ACIT , CI RCLE-2(1 ) (1), M UMBA I. ROOM NO. 561, 5 TH FLOO R, AAYAKA R B HAVA N, M .K.ROA D, MU MBAI, MA HARA SHT RA, 400020 Vs. M/S GREAT UNITED ENERGY PVT LTD MUMBAI APPOLLO STREET, AMBALAL DOSHI MARG, FORT,MUMBAI,MAHARASHTRA, 400023 (Appellant) (Respondent) PAN No. AAECG3525B Assessee by : None Revenue by : Shri Ajay Singh, Sr. AR Date of hearing: 08.09.2022 Date of pronouncement : 08.09.2022 O R D E R PER PRASHANT MAHARISHI, AM: 01. This appeal is filed by the Assistant Commissioner of Income Tax (The Learned Assessing Officer ) against against appellate order passed by National Faceless Appeal Centre, Delhi (The Learned CIT (Appeals)) for Assessment Year 2014-15 dated 10 th March, 2022 whereby the appeal filed by the assessee against order dated 28/09/2016 passed under Section 143(3) of the Income Tax Act, 1961( The Act) by the Income Tax Officer – 5(1)(2)- Mumbai (Learned Assessing Officer) was allowed for statistical purposes. Therefore, the Page | 2 ITA No.961/Mum/2022 Great united energy pvt. Ltd.; A.Y. 14-15 Learned AO is aggrieved by the appellate order and has preferred this appeal before us. 02. At the time of hearing of the appeal, the Learned Departmental Representative submitted that the assessee has been referred to as a corporate debtor under IBC, 2016. 03. Despite, notice of date of hearing on 8 th August, 2022 that appeal would be heard on 8 th September, 2022, none appeared on behalf of assessee. 04. On consideration of argument of Learned Departmental Representative, we find out that the assessee has been referred to IBC 2016 as corporate debtor with effect from 26/06/2018. According to Section 14 of IBC 2016, no suit should be pursued against the corporate debtor. In view of this, appeal filed by the Learned Assessing Officer is dismissed and liberty is granted to pursue this appeal as soon as the assessee is out of IBC 2016. 05. In the result, appeal filed by the Learned Assessing Officer is dismissed. Order pronounced in open court on 08/09/2022 Sd/- Sd/- (SANDEEP SINGH KARHAIL) (PRASHANT MAHARISHI) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Mumbai, Dated: 08.09.2022 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 Page | 3 ITA No.961/Mum/2022 Great united energy pvt. Ltd.; A.Y. 14-15 6. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Mumbai