Redhu Farms Pvt Ltd, Haryana V. ITO,ward-1 Bhiwani, Haryana

MA 428/DEL/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5082 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-08-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 08-08-2024
• Assessment Year: misc
• Appeal Filed On: 09-11-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 M.A No. 428/Del/2023 Redhu Farms P. Ltd. Vs. ITO IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘F’ NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER M. A NO. 428/Del/2023 (A.Y 2015-16) in ITA No. 1850/Del/2022 Redhu Farms Pvt. Ltd. R. R. Singla and Co. 106- 107, Maharja Agrasen Shopping Complex Sector 9, Rohini, Delhi, 110085 PAN: AACCR4956P (APPLICANT) vs ITO Ward-1, SCO,222, Huda Complex City Centre Sector 15, Bhiwani, Haryana (RESPONDENT) Applicant by Sh. R. R. Singhla, CA Respondent by Ms. Raja Rajeshwari R, Sr. DR ORDER PER YOGESH KUMAR U.S., JUDICIAL MEMBER: The present Miscellaneous Application filed by the Interim Resolution Professional appointed as per the provision of Section 17 of IBC Code with a prayer to recall the order dated 25/08/2023 passed in ITA No. 1850/Del/2022. Date of Hearing 09.08.2024 Date of Pronouncement 12.08.2024 2 M.A No. 428/Del/2023 Redhu Farms P. Ltd. Vs. ITO 2. The Ld. Counsel appearing for the Interim Resolution Professional submitted that the Appeal in ITA No. 1850/Del/2022 has been dismissed by this Tribunal as the NCLT, Chandigarh has appointed Interim Resolution Professional, therefore, Appeal filed by the Company is not maintainable, by dismissing the appeal the Tribunal has also granted liberty to Interim Resolution Professional recall the order of the Tribunal if so desired. The Ld. Counsel further submitted that now since the Interim Resolution Professional is seeking for the restoration of the Appeal to contest the tax liability of the Assessee Company on merit sought for recalling the order of the Tribunal dated 25/08/2023. 3. Per contra, the Departmental Representative sought for dismissal of the Miscellaneous Application. 4. Heard the parties, perused the material. The order dated 25/08/2023 in ITA No. 1850/Del/2022 came to be passed on the ground that the NCLT is appointed Resolution Professional and we have also given liberty to the Resolution Professional to file necessary application for restoring the Appeal. Considering the fact that, now the Resolution Professional has filed the present 3 M.A No. 428/Del/2023 Redhu Farms P. Ltd. Vs. ITO Miscellaneous Application and sought for restoring the Appeal to its original file to contest on merit, we hereby recall the order dated 25/08/2023 to its original number and Registry is directed to fix the appeal for hearing in due course and notify the parties concerned. 5. In the result, Miscellaneous Application filed by the Assessee is allowed. Order pronounced in the open court on 12 th August, 2024 Sd/- Sd/ (SHAMIM YAHYA) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 12 th August, 2024 R.N, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 4 M.A No. 428/Del/2023 Redhu Farms P. Ltd. Vs. ITO 5 M.A No. 428/Del/2023 Redhu Farms P. Ltd. Vs. ITO