PR. COMMISSIONER OF INCOME TAX -1 V. AMRAPALI SILICON CITY PVT. LTD.

ITA/337/2022

AI Insights

The appeals filed by the Principal Commissioner of Income Tax against Amrapali Silicon City Pvt. Ltd. and Amrapali Sapphire Developers Pvt. Ltd. pertained to various assessment years. These appeals were initially dismissed by the Income Tax Appellate Tribunal due to the respondents undergoing Corporate Insolvency Resolution Process (CIRP). The High Court was informed that the matters concerning the Amrapali Group were being overseen by the Supreme Court. Given the lack of definite information over an extended period regarding the insolvency proceedings, the High Court decided to close the appeals, allowing for potential revival in the future as per legal provisions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 670529 (HC-DELHI)
• Appeal Type: Others
• Pronouncement Date: 21-12-2023
• Assessment Year: misc
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Assessee Lawyers: ASEEM CHAWLA; PRATISHTHA; ADITYA GUPTA; SANJEEV MENON
• Keywords: Corporate Insolvency Resolution Process; Income Tax; Insolvency Proceedings

Judgement Text

" ITA 329/2022 & connected matters Page 1 of 4 $~4 to 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decision delivered on: 21.12.2023 + ITA 329/2022 PR. COMMISSIONER OF INCOME TAX -1 ..... Appellant Through: Mr Aseem Chawla, Senior Standing Counsel with Ms Pratishtha and Mr Aditya Gupta, Advocates. versus AMRAPALI SILICON CITY PVT. LTD. ..... Respondent Through: None. (5) + ITA 337/2022 PR. COMMISSIONER OF INCOME TAX -1 ..... Appellant Through: Mr Aseem Chawla, Senior Standing Counsel with Ms Pratishtha and Mr Aditya Gupta, Advocates. versus AMRAPALI SILICON CITY PVT. LTD. ..... Respondent Through: None. (6) + ITA 340/2022 THE PR. COMMISSIONER OF INCOME TAX -1 ..... Appellant Through: Mr Aseem Chawla, Senior Standing Counsel with Ms Pratishtha and Mr Aditya Gupta, Advocates. versus Digitally Signed By:Vaishali Chauhan Signing Date:08.01.2024 00:35:48 Signature Not Verified ITA 329/2022 & connected matters Page 2 of 4 AMRAPALI SILICON CITY PVT. LTD. ..... Respondent Through: None. (7) + ITA 341/2022 PR. COMMISSIONER OF INCOME TAX -1 ..... Appellant Through: Mr Aseem Chawla, Senior Standing Counsel with Ms Pratishtha and Mr Aditya Gupta, Advocates. versus AMRAPALI SAPPHIRE DEVELOPERS PVT LTD ..... Respondent Through: None. (8) + ITA 343/2022 PR. COMMISSIONER OF INCOME TAX -1 ..... Appellant Through: Mr Aseem Chawla, Senior Standing Counsel with Ms Pratishtha and Mr Aditya Gupta, Advocates. versus AMRAPALI SAPPHIRE DEVELOPERS PVT LTD ..... Respondent Through: None. (9) + ITA 345/2022 PR. COMMISSIONER OF INCOME TAX -1 ..... Appellant Through: Mr Aseem Chawla, Senior Standing Counsel with Ms Pratishtha and Mr Aditya Gupta, Advocates. versus Digitally Signed By:Vaishali Chauhan Signing Date:08.01.2024 00:35:48 Signature Not Verified ITA 329/2022 & connected matters Page 3 of 4 AMRAPALI SAPPHIRE DEVELOPERS PVT LTD ..... Respondent Through: None. (10) + ITA 646/2023 & CM APPL. 60497/2023 PR COMMISSIONER OF INCOME TAX, DELHI 1 ..... Appellant Through: Mr Sanjeev Menon, Standing Counsel. versus M/S AMRAPALI LEISURE VALLEY DEVELOPERS PVT LTD ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE GIRISH KATHPALIA [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J. (ORAL): 1. These appeals concern Assessment Years (AYs) 2011-12 [ITA No. 329/2022], 2014-15 [ITA No. 337/2022], 2012-13 [ITA No. 340/2022], 2011-12 [ITA No.341/2022], 2010-11 [ITA No. 343/2022], 2012-13 [ITA No. 345/2022] and 2011-12 [ITA No. 646/2023]. 2. While ITAs 329/2022, 337/2022, 340/2022 assail the order dated 17.03.2021 passed by the Income Tax Appellate Tribunal [in short, “Tribunal”], ITA 341/2022, 343/2022 and 345/2022 assail the order dated 08.04.2021 and ITA 646/2023 assails the order dated 17.06.2021. 2.1. In the orders dated 08.04.2021 and 17.06.2021, the Tribunal has relied upon the order dated 17.03.2021 and dismissed the appeals filed by the Digitally Signed By:Vaishali Chauhan Signing Date:08.01.2024 00:35:48 Signature Not Verified ITA 329/2022 & connected matters Page 4 of 4 assessee and the revenue in view of the respondent/assesse undergoing Corporate Insolvency Resolution Process (CIRP). 3. We have been informed several times by the learned counsels appearing on behalf of the appellant/revenue that the respondents/companies, which are the part of the Amrapali Group, are undergoing insolvency proceedings. 4. We have also asked counsel for the appellant/revenue time and again as to the person upon whom notice needs to be served. 5. It was also conveyed to us that proceedings qua Amrapali Group are being looked at by the Supreme Court. 6. Since more than one year has passed without definite information, we are inclined to close the instant appeals, with liberty to the appellant/revenue to approach the court for revival, albeit as per law, as and when they obtain clarity in the above-captioned matters. 7. Consequently, the pending applications concerning condonation of delay in re-filing the appeal (i.e., CM APPL. 60497/2023 in ITA 646/2023) shall stand closed. RAJIV SHAKDHER JUDGE GIRISH KATHPALIA JUDGE DECEMBER 21, 2023 MS Digitally Signed By:Vaishali Chauhan Signing Date:08.01.2024 00:35:48 Signature Not Verified "