ELDER HEALTH CARE LTD,MUMBAI vs. DCIT CC 34, MUMBAI

PDF · subscribers
ITA 476/MUM/2017Status: DisposedITAT Mumbai27 June 2022AY 2010-113 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 as per Section 14 of the Insolvency and Bankruptcy Code, 2016, no proceedings can remain pending with any Court or Tribunal once Insolvency Resolution Proceedings have been initiated. Therefore, the appeals are not maintainable in their current format.

What were the facts?

The assessee company, M/s. Elder Health Care Ltd., filed appeals before the ITAT. The company has been referred to the National Company Law Tribunal (NCLT) for Insolvency Resolution Process, and an Interim Resolution Professional (IRP) has been appointed.

What were the issues?

The primary issue was the maintainability of the appeals before the ITAT in light of the ongoing Insolvency Resolution Process of the assessee company.

Which sections of the Income-tax Act were involved?

Section 14

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘E‘ BENCH

Before: SHRI M.BALAGANESH & SHRI RAHUL CHAUDHARY

For Respondent: Shri Murali Mohan
Hearing: 16/06/2022

आदेश / O R D E R PER BENCH: These appeals in to 476/Mum/2017 for A.Y.2006-07 to 2010-11 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-54, Mumbai in appeal dated 06/10/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 153C of the Income Tax Act, 1961 (hereinafter referred to as Act).

1.

Identical issues are involved in all these appeals, hence, they are taken up together and disposed of by this common order for the sake of convenience.

3.

None appeared on behalf of the assessee. At the outset, we find that assessee’s case has been referred to Hon’ble National Company Law Tribunal (NCLT) for Insolvency Resolution Process and an Interim Resolution Professional (IRP) has been appointed in the assessee company. The Form No.36 available in our record is the one signed by the erstwhile Director of the assessee company. As per Section 14 of the Insolvency and Bankruptcy Code, 2016, no proceedings shall remain pending with any Court or Tribunal, once the Insolvency Resolution Proceedings had been initiated on a Corporate Debtor. It is not in dispute that the assessee company is a Corporate Debtor. The Official Liquidator has been appointed in the instant case and the Official Liquidator has not impleaded himself before this Tribunal by filing form No.36. Hence, the present appeals in the present format are not maintainable and hence, liable to be dismissed.

4.

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 Official Liquidator to prefer Miscellaneous Application, if so desired, after the completion of Insolvency Resolution Process, in which event, this appeal shall be restored.

5.

In the result, appeals of the assessee are dismissed as not maintainable. Order pronounced on 27/06/2022 by way of proper mentioning in the notice board.

More judgments on Section 14

All 685 judgments and leading authorities on Section 14 →

Latest GST High Court judgments

Search GST case law →