HOUSING DEVELOPMENT & INFRASTRUCTURE LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 5(4), MUMBAI

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ITA 1240/MUM/2019Status: DisposedITAT Mumbai14 June 2022AY 2015-166 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 resolution professional did not amend the appeal form. The appeals were dismissed with liberty to file fresh appeals or seek restoration.

What were the facts?

The assessee company is undergoing insolvency and bankruptcy proceedings, with a resolution professional appointed. The resolution professional failed to amend Form No. 36A, which is required for prosecuting appeals before the ITAT.

What were the issues?

Whether appeals are maintainable when the resolution professional fails to amend the prescribed appeal form after taking over the company's affairs.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H” MUMBAI

Before: SHRI ABY T. VARKEY & SHRI OM PRAKASH KANT

For Respondent: Mr. Rajesh Ojha, DR
Hearing: 14/06/2022Pronounced: 14/06/2022

PER BENCH The Captioned appeals by the The Captioned appeals by the Revenue as well as by the as well as by the assessee have been preferred against separate orders passed by the have been preferred against separate orders passed by the have been preferred against separate orders passed by the Ld. First Appellate Authority First Appellate Authority in respect of different assessment different assessment years.

2.

Despite notifying none Despite notifying none appeared on behalf of the assessee nor appeared on behalf of the assessee nor any adjournment was sought. Therefo any adjournment was sought. Therefore, these appeals were heard re, these appeals were heard

1.

M/s Housing Development & M/s Housing Development & 4 Infrastructure Ltd. & Ors (Ten Appeals) ITA Nos. 5920/M/2017 & Ors (Ten Appeals) ex-parte qua the assessee and disposed of qua the assessee and disposed off after hearing submission after hearing submission of the Ld. Departmental Representative. Departmental Representative.

3.

Before us the Ld. Ld. Departmental Representative submitted that tive submitted that against the company insolvency and bankruptcy proceedings under against the company insolvency and bankruptcy proceedings under against the company insolvency and bankruptcy proceedings under the Insolvency and Bankruptcy Code have been initiated and the Insolvency and Bankruptcy Code have been initiated and the Insolvency and Bankruptcy Code have been initiated and resolution professional has been appointed by the National resolution professional has been appointed by the National resolution professional has been appointed by the National Company Law Tribunal Company Law Tribunal (NCLT) on the petition filed by t petition filed by the Bank of India as financial creditor. India as financial creditor.

4.

We find that, the coordinate bench in the case of in the case of the coordinate bench in the case of in the case of the coordinate bench in the case of in the case of Orbit Corp Ltd. in to 2981 . in ITA No. 2979 to 2981/Mum/2020 /Mum/2020, has held that the resolution professional was required to amend the resolution professional was required to amend the resolution professional was required to amend Form No. 36A for further prosecuting the appeal and in absence of which 36A for further prosecuting the appeal and in absence of which 36A for further prosecuting the appeal and in absence of which appeals were held to be non appeals were held to be non-maintainable. We find that in the maintainable. We find that in the instant case also resolution process has been initiated against the instant case also resolution process has been initiated against the instant case also resolution process has been initiated against the assessee and the resolution professional has taken over af assessee and the resolution professional has taken over af assessee and the resolution professional has taken over affairs of the M/s Housing Development & M/s Housing Development & 5 Infrastructure Ltd. & Ors (Ten Appeals) ITA Nos. 5920/M/2017 & Ors (Ten Appeals)

company from the old management of the company and therefore company from the old management of the company and therefore company from the old management of the company and therefore he was required to amend the Form No. 36A, but despite several he was required to amend the Form No. 36A, but despite several he was required to amend the Form No. 36A, but despite several opportunities so far the Form No. 36A i.e. the form prescribed for opportunities so far the Form No. 36A i.e. the form prescribed for opportunities so far the Form No. 36A i.e. the form prescribed for filing appeal before the ITAT, has not been amended filing appeal before the ITAT, has not been amended filing appeal before the ITAT, has not been amended by the assessee and Revenue in their respective appeals. So in the circumstances, in their respective appeals. So in the circumstances, in their respective appeals. So in the circumstances, the appeals under consideration are not maintainable in present the appeals under consideration are not maintainable in present the appeals under consideration are not maintainable in present format.

4.1 Accordingly, aforesaid appeals Accordingly, aforesaid appeals are dismissed being non dismissed being non- maintainable at this stage, with liberty t maintainable at this stage, with liberty to file fresh appeals in proper o file fresh appeals in proper format duly verified by the person authorized format duly verified by the person authorized as per provisions of as per provisions of the Income-tax Act, 1961 and ITAT Rules, 1963 tax Act, 1961 and ITAT Rules, 1963 or get or get these appeals restored by moving an appropriate application before the Tribunal restored by moving an appropriate application before the Tribunal restored by moving an appropriate application before the Tribunal by both the Revenue as well assessee, if so advised.

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