M/S GLOBAL SOFTTECH LTD,MUMBAI vs. DCIT CIRCLE- 5 (3), MUMBAI

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ITA 211/MUM/2020Status: DisposedITAT Mumbai04 August 2022AY 2009-104 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 appeals are not maintainable in their current format because the IRP has not been formally substituted as the representative of the assessee. The appeals were dismissed on this ground.

What were the facts?

The assessee company, M/s. Global Softech Ltd., is undergoing insolvency proceedings before the National Company Law Tribunal (NCLT). The Interim Resolution Professional (IRP) appointed by NCLT has not impleaded himself to represent the assessee before the ITAT.

What were the issues?

The primary issue was the maintainability of the appeals before the ITAT due to the ongoing insolvency proceedings and the non-impleadment of the IRP as the assessee's representative.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘G‘ BENCH

Before: SHRI VIKAS AWASTHY & SHRI M.BALAGANESH

For Respondent: Shri Ganesh Bare /Shri Hoshang B
Hearing: 02/08/2022Pronounced: 04/08/2022

Heard together (2 matters)

ITA No.210/Mum/2020
ITA No.212/Mum/2020

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

आदेश / O R D E R PER BENCH:

1.

These appeals in & 210/Mum/2020 to 214/Mum/2020 for A.Y.2008-09, 2009-10, 2011-12, 2012-13, 2013-14 & 2014-15 respectively arises out of the order by the ld. Commissioner of Income Tax (Appeals)-53, Mumbai in appeal No. CIT(A)-53/IT-21/DCCC- 5(3)/2018-19, CIT(A)-53/IT-15/DCCC-5(3)/2019-20, CIT(A)-53/IT- 16/DCCC-5(3)/2019-20, CIT(A)-53/IT-17/DCCC-5(3)/2019-20, CIT(A)- 53/IT-18/DCCC-5(3)/2019-20 & CIT(A)-53/IT-19/DCCC-5(3)/2019-20 dated 23/08/2018 & 25/10/2019 respectively (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as Act).

2.

At the outset from the perusal of the files we found that an email dated 28/08/2021 has been sent by the Interim Resolution Professional (IRP) to this Tribunal. In the said e-mail, it has been mentioned that assessee is under the insolvency proceedings before the Hon’ble National Company Law Tribunal (NCLT) and the Interim Resolution Professional Mr. Hemant Sharma, Block No.2, House No.263, Subhash Nagar, New Delhi – 110 027 has been appointed to look into the affairs of the assessee company by NCLT. Accordingly, this Tribunal had taken note of the appointment of the Interim Resolution Professional (IRP) and had issued notice to Mr. Hemant Sharma which was returned unserved. Moreover, we also find from the perusal of the records that the Interim Resolution Professional has not impleaded himself to represent on behalf of the assessee company by filing revised form No.36 before us. Hence, the present appeals in the present format are not maintainable and hence, liable to be dismissed.

3.

In view of the above, we deem it fit and appropriate to dismiss these appeals of the assessee as not maintainable with a liberty given to IRP to prefer Miscellaneous Application, if so desired, after the completion of Insolvency Resolution Process, in which event, these appeals shall be restored.

4.

In the result, appeals of the assessee are dismissed as not maintainable.

Order pronounced on 04/08/2022 by way of proper mentioning in the notice board.

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