M TECH DEVELOPERS PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 16(1), NEW DELHI

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ITA 906/DEL/2018Status: DisposedITAT Delhi20 September 2022AY 2011-125 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT, noting the NCLT's approval of a Resolution Plan, restored the appeals and cross-objections to the Assessing Officer. The Assessing Officer was directed to decide the issues in accordance with the NCLT's order after providing the assessee an opportunity to be heard.

What were the facts?

The Income Tax Appellate Tribunal (ITAT) was hearing appeals and cross-objections related to assessment years 2007-08, 2008-09, and 2011-12. The assessee brought to the tribunal's attention an order from the National Company Law Tribunal (NCLT).

What were the issues?

The primary issue was how to proceed with the income tax appeals given the NCLT's approval of a Resolution Plan for the corporate debtor. The tribunal needed to determine the appropriate course of action in light of the NCLT's order.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘E’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI ANUBHAV SHARMA

For Appellant: Shri Mahan Kalra, CA
For Respondent: Shri Jeetender Chand, Sr. DR
Hearing: 20.09.2022Pronounced: 20.09.2022

Heard together (5 matters)

ITA No. 2948/DEL/2014
ITA No. 208/DEL/2016
ITA No. 906/DEL/2018
CO No. 168/DEL/2016
CO No. 34/DEL/2015

Read from the judgment's own cause title. This page is filed under one of them.

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-

1.

The above captioned appeals by the assessee and the Revenue and cross objections by the assessee are preferred against the separate orders of the ld. CIT(A) pertaining to Assessment Years 2008-09, 2007- 08 and 2011-12.

2.

Since the underlying facts in issues are identical, all these appeals and cross objections are being disposed off by this common order for the sake of convenience and brevity.

3.

At the very outset, the ld. counsel for the assessee drew our attention to the order of the National Company Law Tribunal [NCLT], Principal Bench, New Delhi dated 15.03.2022 and pointed out that the Resolution Plan has been accepted by NCLT and has issued necessary directions/instructions.

4.

We have carefully perused the order of the NCLT [supra]. The relevant findings read as under:

“28. We hereby approve this Resolution Plan, as approved by the CoC, placed by the Applicant before this Adjudicating Authority. We, therefore, approve the Resolution Plan submitted by the Applicant along with the following directions in respect of the Corporate Debtor:

(i) The order of the moratorium passed by this Adjudicating Authority under Section 14 of the IBC,2016 shall cease to have effect from the date of passing of this Order.

(ii) The Resolution Professional shall forward all the records relating to the conduct of the CIRP and the Resolution Plan to the IBBI for its record and database.

(iii) The approved Resolution Plan shall become effective from the date of passing of this Order.

(iv) The Monitoring Committee, as provided in the Resolution Plan, shall be setup within 07 days of passing of this Order which shall take all necessary steps for implementation of the Resolution Plan.

29.

The Resolution Professional shall forthwith send a copy of this Order to the CoC and the Successful Resolution Applicant.

i. With the above, IA-3261 of 2021 stands allowed.”

5.

In light of the above, we restore the captioned appeals and cross objections to the file of the Assessing Officer. The Assessing Officer is directed to decide the issues as per the order of NCLT after affording reasonable and adequate opportunity of being heard to the assessee.

6.

In the result, all captioned appeals of the assessee and Revenue as well as the cross objections of the assessee are allowed for statistical purposes.

The order is pronounced in the open court on 20.09.2022.

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