DCIT, NEW DELHI vs. M/S. INDIRAPURAM HABITAT CENTRE PVT. LTD., NEW DELHI

These are the six appeals of the same Assessee namely Indirapuram Habitat Centre Pvt. Ltd for Assessment Year 2006-07, 2007-08 and 2012- 13 where both the parties filed cross appeal before us.

At the time of hearing the ld DR submitted that this Assessee is undergoing Insolvency Proceedings under IBC Code. She submitted that the three appeals filed by the Assessee are signed by the Directors of the company who no longer have locus standi to file the appeal and these appeals should have been filed by the Insolvency Resolution Professional. Therefore, these appeals deserve to be dismissed. He submitted that the appeal of the ld AO deserves to be heard and she relied on the order of the ld AO.

Despite notice none appeared on behalf of the Assessee.

We have carefully considered the contentions raised by the ld CIT DR and we find that this company is undergoing resolution as per IBC 2016. In fact the appeals are filed by the ld AO against the Assessee who is under moratorium. According to the provision of section 14IBC, 2016 of the proceedings against the Corporate debtor shall continue till the conclusion of the insolvency proceedings. In case the appeal of the Assessee, same are filed by the Director who do not have any lucas standi in the present case as insolvency resolution professional has been appointed in the present case. In fact the appeal should have been replaced by filing a fresh appeal after he obtains the approval of the committee of creditors. Therefore, the appeals of the Assessee are also not maintainable. In view of this, we dismiss all the six appeals, (three appeals filed by the AO and three appeals filed by the Assessee) with a liberty to the ld AO that on conclusion of insolvency resolution proceedings he may file a fresh appeal or may approach the tribunal for recall of this three appeals. The appeals of the Assessee are dismissed as those have not filed by the IPR, we grant liberty to IPR to file fresh appeal or apply for recall of this order if the committee of creditors decided to pursue this proceeding.

In the result the all these appeals of the ld AO and the Assessee are dismissed. Order pronounced in the open court on 20/07/2021. - - (KULDIP SINGH) ACCOUNTANT MEMBER Dated: 20/07/2021 A K Keot