BALLARPUR INDUSTRIES LTD.,GURGAON vs. ITO, WARD- 1(1)(2), INTERNATIONAL TAXATION , NEW DELHI

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ITA 176/DEL/2019Status: DisposedITAT Delhi14 November 2024AY 2006-07Bench: MS. MADHUMITA ROY (Judicial Member), SHRI NAVEEN CHANDRA (Accountant Member)3 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 dismissed the current appeal for statistical purposes, acknowledging that no proceedings can continue due to the NCLT moratorium covering the assessee's case. Liberty was granted for the parties to seek revival of the appeal if the NCLT order is reversed or modified by a higher judicial forum.

What were the facts?

The assessee's appeal for AY 2006-07 is against orders from the CIT(A) and ITO under the Income Tax Act. Earlier appeals for AY 2007-08 and 2008-09 in the assessee's own case were dismissed due to a moratorium granted by the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code (IBC).

What were the issues?

Can the Income Tax Appellate Tribunal proceed with the appeal when the National Company Law Tribunal has imposed a moratorium under the Insolvency and Bankruptcy Code on the assessee?

Which sections of the Income-tax Act were involved?

Section 201(1),Section 201(1A)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, DELHI

Before: MS. MADHUMITA ROY & SHRI NAVEEN CHANDRA

Hearing: 11.11.2024Pronounced: 14.11.2024

The instant appeal filed by the assessee is directed against the order dated 01.10.2018 passed by the CIT(A)-42, New Delhi, arising out of the order dated 05.03.2009 passed by the ITO, TDS-I(1)

International Taxation, Delhi, under Section 201(1) & 201(1A) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for Assessment Year 2006-07.

2.

None appeared on behalf of the assessee at the time of hearing of the appeal. However, the Ld. D.R submitted a copy of the order passed by the Coordinate Bench in & for Assessment Year 2007-08 & 2008-09 respectively in assessee’s own case whereby and whereunder both the appeals stood dismissed in view of the judgment passed on 17.01.2020 by the National Company Law Tribunal, where the said Tribunal under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) granted moratorium in terms of Section 14 of the said Code.

3.

Having regard to the said moratorium declared by the NCLT since no proceeding in any Court of Law, Tribunal etc. can continue those appeals stood dismissed. As the said order passed by the NCLT covers assessee’s case this appeal for A.Y. 2006-07 the instant appeal is also dismissed. However, liberty is granted to the parties to seek revival of appeal in the event the order of NCLT is reversed and/or modified by the higher judicial forum in the interest of justice. Hence, the assessee’s appeal is dismissed for statistical purposes.

4.

Assessee’s appeal is, thus, dismissed for statistical purposes.

Order pronounced in the open court on 14.11.2024

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