What did the Tribunal hold?

The Tribunal dismissed all appeals filed by both the assessee and the revenue. It granted liberty to the Official Liquidator to refile the appeals if deemed fit, and also allowed the AO to take fresh cognizance if appropriate.

The assessee company was under liquidation proceedings, with an Official Liquidator appointed by the Delhi High Court. Neither the Official Liquidator nor the revenue had informed the ITAT about this development.

What were the issues?

The primary issue was the procedural consequence of the assessee company being under liquidation and the subsequent lack of proper representation and notification before the ITAT.

Hanung Toys & Textiles, New Delhi vs Addl. CIT, New Delhi | ITAT Delhi 2019

Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI

Before: MS SUCHITRA KAMBLE & SHRI PRASHANT MAHARISHI

For Appellant: Shri Shailesh Gupta, CA

For Respondent: Shri Sawan Bhadra, CIT DR

Hearing: 06/08/2019Pronounced: 23/09/2019

PER PRASHANT MAHARISHI, A. M.

The assessee has filed these appeal in Assessment Year 2009-10, 2010-11, the revenue has filed the cross appeals therefore, all these three appeals pertaining to one assessee.

On the date of hearing the ld Advocate who were till then representing the assessee submitted vide letter dated 06.08.2019 stated that official Liquidator has been appointed in case of the assessee by the Hon'ble Delhi High Court and therefore, now the notice may be issued to the Official Liquidator.

As the liquidator has been appointed in view of the winding up petitions filed u/s 433 of the Companies Act, 1956 appointing the official liquidator ITA No. 406/Del/2014 & 6606 & 6637/Del/2015 Assessment Year: 2009-10, 2010-11 M/s. Hanung Toys & textiles Vs. Addl. CIT therefore, now these appeals are required to be pursued by official liquidator.

Neither the official liquidator has informed the ITAT by intimating such changes, nor the revenue has pointed it out. Revenue is also one of the appellant in this bunch of appeals. The ld erstwhile counsel has merely submitted the reason of Hon’ble High Court.

In view of these facts, we dismiss all these appeals with a liberty to Official Liquidator to file them afresh, if deem fit. Appeals of revenue are also dismissed as proper change in respondent in appeal of revenue is not made. AO is also at liberty to file it afresh, if found appropriate, taking cognizance of the order of the Hon’ble High Court.

In view of the above fact both the parties are at liberty to make an application for restoration of appeal to continue with the above appeals, if deem fit. In view of the above facts, we dismiss all these three appeals with a liberty accordingly to law to the parties. Order pronounced in the open court on 23/09/2019. - - (SUCHITRA KAMBLE) ACCOUNTANT MEMBER Dated: 23/09/2019 A K Keot

HANUNG TOYS & TEXTILES,NEW DELHI vs. ADDL. CIT, NEW DELHI

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