ACIT, NEW DELHI vs. M/S. SAMTEL COLOR LTD., NEW DELHI

PDF · subscribers
ITA 1092/DEL/2015Status: DisposedITAT Delhi13 September 2021AY 2010-113 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 held that the appeal was not maintainable due to the company undergoing insolvency resolution proceedings. The appeal was dismissed with liberty to the Revenue to refile it after bringing the official liquidator on record or if the company successfully exited the process.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) which had deleted several disallowances made by the Assessing Officer. The assessee company was undergoing insolvency proceedings and had remained unrepresented for multiple hearings.

What were the issues?

The primary issue was the maintainability of the appeal against a company undergoing insolvency proceedings. The Tribunal also considered the deletion of various disallowances by the CIT(A).

Which sections of the Income-tax Act were involved?

Section 143(3),Section 43B,Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G”: NEW DELHI

Before: MS. SUCHITRA KAMBLE & SHRI PRASHANT MAHARISHI

For Respondent: Shri H. K. Chaudhary, CIT DR
Hearing: 13/09/2021Pronounced: 13/09/2021

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal is filed by the Assistant Commissioner of Income Tax, Circle – 22(1), New Delhi (the learned AO) in 2000-11, against the order passed by the learned Commissioner of Income Tax (Appeals)- 8, New Delhi dated 10/12/2014; wherein, the appeal filed by the assessee against the order passed by the learned Assessing Officer u/s 143(3) of the Income Tax Act on 27/02/2013, determining total income of the assessee at Rs Nil against the returned income of the assessee filed on 24/9/2010 at Rs. Nil, was partly allowed.

2.

The learned Assessing Officer is aggrieved with the order of the learned CIT(A) wherein he a. deleted the disallowance of depreciation of ₹ 96,97,893/–, b. deleted the disallowance of ₹ 9,46,000/- on account of disallowance of bad debts, c. deleted the disallowance of ₹ 48,258,956 u/s 43B of the act, Page | 1

More judgments on Section 43B

All 7,161 judgments and leading authorities on Section 43B →

Recent GST High Court judgments

Search GST case law →