METENERE LTD.,DELHI vs. ADDL.CIT, CENTRAL CIRCLE- 17, NEW DELHI

PDF · subscribers
ITA 7177/DEL/2017Status: DisposedITAT Delhi13 July 2026AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the assessee company, which no longer has legal identity after being taken over, is not maintainable. Therefore, the appeal deserves to be dismissed.

What were the facts?

The assessee company, Metenere Ltd., filed an appeal against the final assessment order. However, the assessee company had been taken over by Orissa Metaliks Private Limited, resulting in the loss of its legal identity.

What were the issues?

The primary issue was the maintainability of an appeal filed by a company that has lost its legal identity after being taken over by another entity.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “I”, NEW DELHI

Before: SHRI M. BALAGANESH & SHRI VIMAL KUMAR

For Respondent: Shri Mahesh Kumar, CIT(DR)
Hearing: 13.07.2026Pronounced: 13.07.2026

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I”, NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No. 7177/Del/2017, A.Y. 2009-10 Metenere Ltd. Vs. Addl. Commissioner of 138-139, Main Road, Income Tax, Ghazipur, Central Circle-17, Delhi New Delhi �थायीलेखासं./जीआइआरसं./PAN/GIR No: AAACM8484F Appellant .. Respondent Appellant by : None Respondent by : Shri Mahesh Kumar, CIT(DR) Date of Hearing 13.07.2026 Date of Pronouncement 13.07.2026

O R D E R PER VIMAL KUMAR, JM:

The appeal filed by the assessee is against final assessment order dated 29.09.2017 of the Ld. Assessing Officer/ Asstt. Commissioner of Income Tax, Central Circle-17, New Delhi [hereinafter referred to as “the AO”] under section 144C r.w.s. 153A & 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2009-10.

P a g e | 2 ITA No. 7177/Del/2017 Metenere Ltd., Delhi

2.

At the time of hearing, none appeared on behalf of the assessee on 20.03.2025, 09.07.2025, 11.08.2025, 25.08.2025, 10.12.2025, 02.04.2026, 14.05.2026 and 13.07.2026.

3.

Ld. Departmental Representative submitted copy of e-mail dated 25.05.2025 inter alia mentioning as under:

“The NCLT passed an order on 04.10.2024 in the case of national Asset Reconstruction Company vs. Meterene Ltd. vide no. IA-37/2024 in CP- 639(PB)/2018 regarding State Bank of India v. Metenere Limited to NARCL & Ors. V. Metenere Limited. Orissa Metaliks Private Limited had taken over the aforementioned company. This order is available on the website of NCLT https://ibbi.gov.in. Till date case No. IA(B.C)-3621/2025 in respect of Orissa Metaliks Private Limited vs. M/s. metenere Limited Mr. Surendra Raj Gang Chairperson-Moitoring Committee and case no. IA(B.C)-251/2025 in respect of teneron limited vs. Monitoring Committee Metenere Limited are pending before the NCLT, Delhi.” 4. From examination of record in light of above submissions specially NCLT order dated 04.10.2024, it is evident that Orissa Metaliks Private Limited has taken over appellant/assessee company. Therefore, the present appeal filed by the appellant/assessee which has lost its legal identity after being taken over is not maintainable and deserves dismissal.

P a g e | 3 ITA No. 7177/Del/2017 Metenere Ltd., Delhi

5.

In the result, the appeal filed by the appellant/assessee is dismissed. Order pronounced in the open court on 13.07.2026

Sd/- Sd/- (M. BALAGANESH) (VIMAL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 16.07.2026 Binita, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI

More judgments on Section 153A

All 18,957 judgments and leading authorities on Section 153A →

Recent GST High Court judgments

Search GST case law →