ACIT, CC- 1, NEW DELHI vs. AMRAPALI LEISURE VALLEY DEVELOPERS PVT. LTD., NEW DELHI

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ITA 4327/DEL/2017Status: DisposedITAT Delhi17 March 2021AY 2011-125 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that no proceedings can continue against the corporate debtor during insolvency proceedings as per Section 14 of the IBC, 2016. Therefore, all appeals filed by the Assessing Officer were dismissed.

What were the facts?

The Income Tax Appellate Tribunal heard 20 appeals filed by the Assessing Officer against various Amrapali Group companies. The Amrapali Group is currently undergoing insolvency proceedings under the Insolvency & Bankruptcy Code, 2016.

What were the issues?

Whether income tax proceedings can continue against a corporate debtor undergoing insolvency proceedings under the Insolvency & Bankruptcy Code, 2016.

Which sections of the Income-tax Act were involved?

Section 14

AI-generated summary — verify with the full judgment below

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

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Respondent: Shri Sat Pal Gulati [CIT] – DR;
Hearing: 17/03/2021Pronounced: 17/03/2021

O R D E R PER BENCH :

1.

These are the bunch of 20 appeals filed by the ld. Assessing Officer against the order of the ld. Commissioner of Income Tax (Appeals) in the case of Amrapali Group.

2.

At the time of hearing none appeared on behalf of the assessee. 3. The ld. [CIT] – DR submitted that these are the 20 appeals related to Amrapali Group, which has gone into insolvency proceedings under Insolvency & Bankruptcy Code, 2016. 4. On careful consideration and in view of the fact that Amrapali Group is undergoing insolvency proceedings under Insolvency & Bankruptcy Code, 2016. Further in the lead company Amrapali Silicon Pvt. Ltd., the interim resolution professional has already been appointed. Therefore, according to Section 14 of the Insolvency & Bankruptcy Code, 2016, no proceedings can continue against the corporate debtor i.e. assesee. These are all the appeals filed by the ld AO in respective cases. In view of this, all these 20 appeals filed by the ld. Assessing Officer are dismissed. However, ld. AO is at liberty to make an application for re-institution of these appeals after the resolution process ends under IBC 2016. 5. In view of this, we dismiss all the 20 appeals captioned above with above direction.

Order pronounced in the open court on 17.03.2021.

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