DBG LEASING AND HOUSING LTD.,,NEW DELHI vs. ITO-7(1), NEW DELHI

ITA 8308/DEL/2019Status: DisposedITAT Delhi15 December 2025AY 2008-09Bench: SHRI MAHAVIR SINGH, VICE PRESIDENT\nAND\nSHRI KRINWANT SAHAY, ACCOUNTANT MEMBER\nITA No. 8308/Del/2019\nAsstt. Year: 2008-09\nDBG LEASING AND HOUSING LTD., VS\nC-88, GALI NO. 8, JYOTI COLONY,\nSHAHDARA, DELHI – 110 032\n(PAN: AAACD0473F)\n(Appellant)\nITO, Ward 7(1), NEW DELHI\n(Respondent)\nAppellant by :\nShri Ved Jain, Adv., Ms. Uma Upadhyay, CA\nRespondent by:\nMs. Harpreet Kaur Hansra, SR. DR\nDate of Hearing\n16.09.2025\nDate of Pronouncement\n16.09.2025\nORDER\nPER MAHAVIR SINGH (Vic5 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal agreed that the NCLT's approval of the Resolution Plan extinguishes all claims predating it, including statutory dues. Therefore, the appeal became infructuous.

What were the facts?

The assessee's appeal arose from an income tax assessment. The National Company Law Tribunal (NCLT) approved a Resolution Plan for the assessee company. The assessee contended that all prior period liabilities, including tax demands, were extinguished by this approval.

What were the issues?

Whether tax liabilities predating the approval of a Resolution Plan under the Insolvency and Bankruptcy Code are extinguished by operation of law.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 31(1),Section 7,Section 29A,Section 30(2),Section 14

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

Before: SHRI MAHAVIR SINGH & SHRI KRINWANT SAHAY

For Appellant: Shri Ved Jain, Adv. & Ms. Uma Upadhyay, CA
For Respondent: Ms. Harpreet Kaur Hansra, SR. DR
Hearing: 16.09.2025Pronounced: 16.09.2025

PER MAHAVIR SINGH, VICE PRESIDENT :

This appeal by the assessee is arising out of the order of the Ld. Commissioner of Income Tax (Appeals)-15, New Delhi in Appeal No. 76/18-19 dated 05.08.2019. Assessment was framed by the ITO, Ward 7(1), New Delhi for the assessment year 2008-09 u/s. 147/143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) vide order dated 30.03.2016. 2. At the outset, Ld. Counsel for the assessee filed copy of order of NCLT, New Delhi Bench-V passed in I.A/6308/ND/2023 in CP (IB) No. 242/ND/2021 dated 13.06.2025. Ld. Counsel for the assessee stated that Resolution Plan is approved by the NCLT in its aforesaid order vide para nos. 11 to

The order continues below.

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