DY CIT,CC, 7(1), MUMBAI vs. M/S PAN INDIA NETWORK LTD., MUMBAI

This is an appeal preferred by revenue against the order of the Ld. Commissioner of Income Tax (Appeals)- 49, Mumbai dated 10.02.2020. for the AY. 2008-09.

None appeared for the assessee. At the outset, we note that similar appeals against the assessee has been disposed off by this Tribunal vide order dated 28.09.2022 in Revenue appeals for AY. 2009- 10, ITA No. 1181/Mum/2015 for AY. 2010-11 & ITA. No. 1638/Mum/2016 for AY. 2011-12 wherein the Tribunal held as under for AY. 2009-10 to AY. 2011- 12 as under: - “These six cross appeals by the assessee and Revenue are for assessment years 2009-10, 2010-11 and 2011-12, respectively. 2. Ms. Vatsala Jha representing the Department submitted that National Company Law Tribunal, Mumbai Bench (in short ‘NCLT’) vide order dated 21/12/2021 in proceedings under Insolvency and Bankruptcy Code (in short ‘the Code’) has appointed Liquidator in the case of assessee company. A.Y. 2008-09 M/s. PAN India Network Ltd. 3. We observe that since June 2021 no one has appeared on behalf of the assessee. Only letter seeking adjournments were being filed. Even on earlier occasions repeated adjournments were sought by the ld. Authorized Representative of the assessee. 4. A perusal of the order dated 21/12/2021 in I.A. No.1807/2020 passed by NCLT reveals that the assessee company has been ordered to be liquidated and Ms. Sonu Gupta having office at 42/1201, 11th Floor, NRI Complex, Seawoods Estates, Nerul, Navi Mumbai-400 706 has been appointed as Liquidator u/s. 34(1) of the Code. Neither the assessee nor the Revenue have filed revised Form No.36 incriminating material impleading the Liquidator. The assessee was required to file revised Form No.36 duly verified by the Liquidator. The Revenue was required to file revised Form No.36 impleading assessee respondent through Liquidator. These cross appeals in the present form are not maintainable. Hence, these appeals are dismissed as not maintainable. 5. However, liberty is granted to both the sides to revive their respective appeals after removing the defects by filing revised Form No.36, within a reasonable time. 6. In the result, appeals by Revenue and assessee for A.Ys 2009-10 to 2011-12 are dismissed.” 3. Respectfully following the Tribunal order in assessee’s own case (supra), we dismiss the appeal of revenue with the Caveat stated at para no. 5 supra.

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