JET LITE (INDIA) LTD.,NEW DELHI vs. DCIT,CENTRAL CIRCLE-6, NEW DELHI

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ITA 7486/DEL/2017Status: DisposedITAT Delhi09 June 2021AY 2009-102 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 was not maintainable as it was filed by the Director of the company, not the appointed Insolvency Resolution Professional (IRP). The IRP, acting under the instructions of the Committee of Creditors (COC), is the authorized party to file such appeals.

What were the facts?

The assessee company, Jet Lite (India) Ltd, filed an appeal for assessment year 2009-10. During the hearing, it was noted that the company had been referred for insolvency resolution under the Insolvency & Bankruptcy Act, 2016.

What were the issues?

The key issue was the maintainability of an appeal filed by a company director when the company is undergoing insolvency resolution and an IRP has been appointed.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH “C”: NEW DELHI ]

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Respondent: Ms. Sunita Singh
Hearing: 22/04/2021Pronounced: 09/06/2021

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

1.

This appeal is filed by the assessee company for assessment year 2009-10 against the order of the ld. Commissioner of Income Tax (Appeals)–23, New Delhi, dated 15.11.2017.

2.

At the time of hearing, it has come to our notice that the above company has been referred for Insolvency & Bankruptcy Act, 2016 for resolution of insolvency in CPIB No. 3109 of 2019. As such this appeal has been filed by the Director of the company whereas as now insolvency resolution professional has been appointed, the Board of the Director of the company does not have any locus standito file this appeal. It is now required to be filed by IRP under instructions of COC. 3. As this appeal is filed by the Director of the company, in the circumstances, same is not maintainable and hence dismissed. However, we grant liberty to the IRP to file the appeal afresh, if COC so decides.

4.

Accordingly, appeal of the assessee in ITA. 7486 (Del) of 2017 is dismissed for above reasons.

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