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Facts
The Revenue's appeal against the CIT(A)'s order arose from an assessment order for AY 2014-15. The assessee's previous appeals for various assessment years were dismissed with liberty to revive upon completion of moratorium.
Held
The Tribunal noted that the assessee's prior appeals were dismissed with liberty to revive after moratorium. Given this context and the submission regarding the commencement of liquidation, the Tribunal found the Revenue's appeal deserved dismissal, with liberty to revive.
Key Issues
Whether the Revenue's appeal should be dismissed considering the prior dismissal of assessee's appeals with liberty to revive post-moratorium.
Sections Cited
250, 143(3)
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Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI
Before: SHRI M BALAGANESH & SHRI VIMAL KUMAR
O R D E R
PER VIMAL KUMAR, JUDICIAL MEMBER:
The Revenue’s appeal is against order dated 25.03.2019 of Learned Commissioner of Income-Tax (Appeals)-8, New Delhi (hereinafter referred as “the Ld. CIT(A)”) under Section 250 of the Income Tax Act, 1961 ( hereinafter referred as “the Act”) arising out of assessment order dated 30.12.2017 under Section 143(3) of the Act by the Learned Addl. Commissioner of Income Tax-8, New Delhi (hereinafter referred as “Ld. AO") for assessment year 2014-15.
At the time of hearing, Learned Authorised Representative for the Department of Revenue submitted that Liquidation Process of Nutrionex Manufactures Ltd. (“Corporate Debtor”) (formerly known as SHRI LAL MAHAL LIMITED”) has been commenced by the order of National Company Law Tribunal, Delhi IV Bench (“NCLT”) on 19.09.2023. The assessee’s appeals for assessment years 2011-12 to 2014-15, have been dismissed by the Tribunal vide order dated 10.07.2023.
None appeared on behalf of the respondent-assessee since 14.09.2023.
From examination of record in light of above submissions, it is amply clear that the appeals of assessee i.e. ITA No.2861/Del/2019 and ITA No.2862/Del/2019 for assessment years 2013-14, 2011-12, 2011-12 and 2014-15 respectively were dismissed with a liberty to revive the appeals on completion of moratorium in accordance with law, where it is considered expedient to do so by the assessed vide order dated 10.07.2023. Therefore, Revenue s appeal deserves dismissal with a liberty to revive on completion of moratorium in accordance with law.
In the result, the appeal of the Revenue is dismissed.