ACIT, CENTRAL CIRCLE-1(1), CHENNAI vs. M/S INDUS MOBILE DISTRIBUTION PRIVATE LIMITED, CHENNAI

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ITA 149/CHNY/2023Status: DisposedITAT Chennai02 May 2023AY 2014-154 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the assessee company has been dissolved by the NCLT. Consequently, the appeal filed by the Revenue has become infructuous.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for assessment year 2014-15. The assessee company, Indus Mobile Distribution Pvt. Ltd., was dissolved by the NCLT, Chennai Bench.

What were the issues?

Whether an appeal filed by the Revenue against a dissolved company is maintainable.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI G. MANJUNATHA

For Respondent: Shri Shrenik Chordia, CA
Hearing: 02.05.2023Pronounced: 02.05.2023

आदेश /O R D E R

PER MAHAVIR SINGH, VICE PRESIDENT:

1.

This appeal by the Revenue is arising out of the order of the Commissioner of Income Tax (Appeals)-18, Chennai in & 179/CIT(A)-18/2019-20 dated 24.11.2022. The assessment was framed by the ACIT, Central Circle 1(1), Chennai for the assessment year 2014-15 u/s.143(3) r.w.s.263 of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 30.12.2019.

2.

At the outset, it is noticed that this company is dissolved by NCLT, Chennai Bench vide its order dated 17.10.2022 in IA(IBC)/939(CHE)/2022 in CP/763/2018 by exercising the powers conferred u/s 54(2) of the Insolvency and Bankruptcy Code, 2016 read with Regulation 14 of IBBI (Liquidation Process) Regulations, 2016 and order the dissolution of the corporate debtor viz. the appellant company. The NCLT finally held as under:- “10. Heard the submissions of the Ld. Applicant counsel. On perusal of the submissions made before us and the documents placed on record it appears that the there is no prospects left I the Liquidation process of the Corporate Debtor hence this present application has been filed. Thus this Tribunal on exercise of the powers conferred under Sub-section (2) of Section 54 of the IBC, 2016 read with Regulation 14 of the IBBI (Liquidation Process) Regulations, 2016 hereby order the dissolution of the Corporate Debtor, viz., Indus Mobile Distribution Private Limited. Consequently, from the date of this order the Corporate Debtor stands dissolved.

11.

The Registry and the Liquidator are directed to serve a copy of this order upon the Registrar of Companies, Chennai, and also to IBBI, within 14 days from the date of this Order,”

The assessee informed this fact vide letter 24.03.2023.

3.

Now Revenue has written exactly the same facts which is mailed vide dated 01.05.2023 and the relevant text of the email reads as under:- “In the case of the assessee company M/s. Indus-Mobile Distribution Pvt. Ltd. For the A.Y.2014-15 an appeal against the order of the CIT(A) was filed on 06-02-2023. In this connection the assessee has filed a letter stating that the company has been liquidated and dissolved vide order of the NCLT Division bench, Chennai on 17-10-2022. In this regard it is hereby submitted that the liquidation process in the case of assessee company has not been completed and the same is evident from the MCA portal wherein the status of the company is still under liquidation.

In addition to the above, the department is also proposing to file an appeal against the NCLT order vide reference stated above. Under this circumstances, the department may be allowed to file revised Form-36 in the name of the liquidator before the Hon’ble ITAT, Chennai.”

3.1 The ld.DR now before us stated that a short adjournment be given as the AO wants to verify the dissolution of the company in MCA portal.

4.

We have gone through the NCLT order and noted that the company stands dissolved u/s.54(2) of the Insolvency and Bankruptcy Code, 2016 and once the company is dissolved, the entity has come to an end. No proceedings of any sort can be kept

pending once company is dissolved because the artificial entity has come to an end. Hence, we dismiss this appeal of Revenue.

5.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open court on 2nd May, 2023 at Chennai.

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