SYNCOM HEALTHCARE LTD,MUMBAI vs. DCIT 7(2), MUMBAI

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ITA 2670/MUM/2017Status: DisposedITAT Mumbai10 August 2022AY 2011-122 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The tribunal held that the appeal filed by the Directors was not maintainable as it should have been filed by the IRP or the new management. The assessee was given liberty to refile the appeal.

What were the facts?

The appeal was filed by Syncom Healthcare Ltd. for AY 2011-12. The company was undergoing corporate insolvency resolution, and the Board of Directors had become functus officio.

What were the issues?

The primary issue was the maintainability of an appeal filed by directors of a company undergoing insolvency resolution.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Hearing: 11.07.2022Pronounced: 10.08.2022
1.

This appeal is filed by Syncom Healthcare Pvt. Ltd. (appellant/ assessee) against the order of the Commissioner of Income-tax (Appeals)-14, Mumbai [the learned CIT (A)] dated 23rd February, 2017 for A.Y. 2011- 12.

2.

At the time of hearing, it was brought to our notice that the company has been referred to corporate insolvency resolution process. As per the copy of the order dated 19th September, 2019, the corporate insolvency resolution professional Mr. Jagdish Kumar has also been appointed. This appeal has been filed by the Directors of the appellant

3.

In view of this, the appeal filed by the assessee is not maintainable and hence, dismissed. We give liberty to the assessee to file this appeal once again by either IRP, liquidator or new management.

4.

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

Order pronounced in the open court on 10.08.2022.

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