UNITECH ACACIA PROJECT PVT. LTD.,NEW DELHI V. ACIT, CIRCLE- 27(1), NEW DELHI

ITA 6/DEL/2018

AI Insights

The case involves three appeals by Unitech Acacia Projects Private Limited, Unitech Hi-Tech Developers Limited, and Unitech Limited against the orders of the Assessing Officer, which were passed following the directions of the Dispute Resolution Panel (DRP). The appeals were related to the assessment years 2013-14 and 2015-16. The primary legal issue was the maintainability of the appeals in light of a moratorium ordered by the Supreme Court on the Assessees due to ongoing legal and financial troubles. The Department of Revenue contended that the appeals would be maintainable if the moratorium were lifted. The tribunal, referencing the Supreme Court's decision, dismissed the appeals, highlighting the moratorium's effect on legal proceedings against the companies.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 27160 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 27-11-2024
• Assessment Year: 2013-2014
• Appeal Filed On: 01-01-2018
• Other Referred Cases: Civil Appeal No.10856/2016
• Laws Referred To: Civil Appeal No.10856/2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DHARAM VEER SING H; DHARAM VEER SING H
• Assessee Lawyers: D C GARG; RISHABH MALHOTRA

Judgement Text

" ITA Nos.6, 7/ Del/2018 & 9004/Del/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘I’ NEW DELHI BEFORE PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER ITA No.6/DEL/2018 Assessment Year: 2013-14 UNITECH ACACIA PROJECTS PRIVATE LIMITED, 6, COMMUNITY CENTRE, SAKET, NEW DELHI-110017 Vs. ACIT, CIRCLE-27(1), NEW DELHI PAN :AAACU9453C (Appellant) (Respondent) ITA No.7/DEL/2018 Assessment Year: 2013-14 UNITECH HI-TECH DEVELOPERS LIMITED, 6, COMMUNITY CENTRE, SAKET, NEW DELHI-110017 Vs. ACIT, CIRCLE-27(1), NEW DELHI PAN :AAACU8064B (Appellant) (Respondent) ITA No. 9004/DEL/2019 Assessment Year: 2015-16 UNITECH LIMITED, 6, COMMUNITY CENTRE, SAKET, NEW DELHI-110017 Vs. ACIT, CIRCLE-27(1), NEW DELHI PAN :AAACU1482H (Appellant) (Respondent) Assessee by Shri D C Garg, CA Department by Shri Dharam Veer Singh, CIT(DR) Assessee by Shri Rishabh Malhotra, Advocate Department by Shri Dharam Veer Singh, CIT(DR) Date of hearing 27.11.2024 Date of pronouncement 28.11.2024 ITA Nos.6, 7/ Del/2018 & 9004/Del/2019 2 ORDER PER BENCH In the above appeals the Assessees have challenged final orders of the Assessing Officer dated 27.10.2017, 31.10.2017 and order dated 30.10.2019 respectively which were passed consequent to directions of the DRP. 2. The Learned Counsels for the Assessees submitted that the Hon’ble Supreme Court in Civil Appeal No.10856/2016 and connected matters, vide Judgment dated 21.01.2020, ordered for moratorium on the Assessee company, therefore submitted that suitable order may be passed considering the judgment of the Supreme Court(Supra). 3. Per Contra Learned DR submitted that the appeals of the Assessees would be maintainable if the moratorium imposed by the Supreme Court are lifted. Thus, submitted that a liberty may be reserved to contest the matter on merits in case of lifting of the moratorium by the Supreme Court. 4. We have considered the submissions made by both the parties and also gone through the order of the Supreme Court in Civil Appeal No. 10856/2016 dated 21.01.2020. Hon’ble Supreme Court, while ordering for the moratorium on the Assessees at page-35 para(vii) held as under: ITA Nos.6, 7/ Del/2018 & 9004/Del/2019 3 “(viii) Pending further orders of this Court, there shall be a moratorium against the institution of proceedings against Unitech Limited and its subsidiaries. The moratorium shall also extend to existing proceedings against the company as well as the enforcement of orders that may have been passed against the company.” 5. The Hon’ble Supreme Court vide order dated 21.01.2020 ordered for moratorium period on the Assessees companies, thus consequent to the said Judgment of the Hon’ble Supreme Court the present appeals filed by the Assessees are not maintainable and liable to be dismissed. Accordingly, we dismiss the appeals filed by the Assessees with the liberty to Assessees/department to seek for restoration of the above Appeals on lifting of the moratorium period ordered by the Hon’ble Supreme Court or any other change of circumstances. 6. Accordingly, the appeal in ITA Nos. 6 & 7/Del/2018 and ITA No.9004/Del/2019 are dismissed in-limine. Order pronounced in the open court on 28th November, 2024. Sd/- sd/- (PRADIP KUMAR KEDIA) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28/11/2024 DP/SPS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR, ITAT, NEW DELHI "