SHUBHKAMNA BUILDTECH PVT. LTD.,DELHI vs. DCIT, CENTRAL CIRCLE , NOIDA
Before: SHRI M. BALAGANESH
PER YOGESH KUMAR, U.S. JM:
This appeal is filed by the Assessee against the order of the Commissioner of Income Tax (Appeals)-IV, Kanpur, (‘Ld. CIT(A)’ for short)
Delhi dated 21/03/2018 for the Assessment Year 2008-09. 2. Brief facts of the case are that, an assessment order came to be passed u/s 153/144 of the Income Tax Act, 1961 (‘Act’ for short) on 28/10/2016 by computing the income of the Assessee at Rs.
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3,68,37,131/-. As against the assessment order dated 28/10/2016, the Assessee preferred Appeal before the Ld. CIT(A). The Ld. CIT(A) vide order dated 21/03/2018 dismissed the Appeal filed by the Assessee.
Aggrieved by the order of the Ld. CIT(A)dated 21/03/2018, the Assessee preferred the present Appeal.
None appeared for the Assessee. Order sheet reveals that right from filing appeal till today, neither the Assessee nor the representative of the Assessee appeared and made any submission. Considering the above facts and circumstances, we deem it fit to decide the Appeal.
The Ld. Departmental Representative brought to our notice that a Resolution Profession has already been appointed in the matter and the Assessee Company and the NCLAT has also approved the plan under and subsequently approved the modification to resolution plan. Thus, sought for dismissal of the Appeal.
Considering the above facts and circumstances, as a resolution plan has already been approved in the case of the Assessee Company on 12/09/2022 in ITA No. 485/2019 by the NCLT, the present Appeal filed by the Assessee Company will not be maintainable. Accordingly, the appeal in ITA No. 4869/Del/2018 is dismissed with a liberty to the 3 Assessee/Resolution Panel (RP) to file appropriate application for restoring the Appeal if so advised. Order pronounced in the open court on 28thApril, 2025 (M. BALAGANESH) JUDICIAL MEMBER Date:-28.04.2025 R.N, Sr.P.S*