IDHASOFT LTD,NAVI MUMBAI vs. DCIT 10(3), MUMBAI

At the outset, we find that the assessee had preferred an application for liquidation under Insolvency And Bankruptcy Code-2016. Interim Resolution Professional, Shri Ravindra Chturvedi has been appointed to carry out the affairs of the company on behalf of the assessee company by the order of Hon’ble National Company Law Tribunal, Special Bench, Mumbai Court II.

The Ld.DR placed on record the copy of order of National Company Law Tribunal, Special Bench, Mumbai Court II dated 26/03/2021 wherein the assessee company has been ordered for liquidation and Mr. Anjan Bhattacharya has been appointed as Liquidator who has been assigned the task of initiating the liquidation process in accordance with Chapter 3 of the Insolvency & Bankrupcy Board of India (IBBI Liquidation Process Regulations), 2016. Hence, it is very clear that assessee company is due for liquidation and that we find from the records that the Liquidator had not impleaded himself on behalf of the assessee company by preferring Form 36 and grounds of appeal before us. Hence, we deem it fit and appropriate to dismiss the appeals of the assessee as not maintainable. However, in case, if the Liquidator desires to implead himself on behalf of the assessee company for proceeding with these appeals, liberty shall be given to the assessee company through its Liquidator to prefer miscellaneous applications for restoration of these appeals. Since the appeals of the assessee for both the assessment years are dismissed on the ground of non maintainability, we refrain