ALLIED STRIPS LTD.,NEW DELHI vs. ACIT, CC- 15, NEW DELHI

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ITA 3926/DEL/2018Status: DisposedITAT Delhi05 July 2021AY 2010-112 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 held that the appeal filed by the former IRP was invalid and not maintainable. The correct IRP was identified as Mr. Sandeep Mahajan.

What were the facts?

The assessee company, M/s. Allied Strips Ltd., filed an appeal through its Insolvency Resolution Professional (IRP). However, the IRP who filed the appeal was no longer the IRP for the company.

What were the issues?

The primary issue was the maintainability of the appeal filed by an individual who was no longer the authorized Insolvency Resolution Professional for the assessee company.

AI-generated summary — verify with the full judgment below

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

Before: SHRI PRASHANT MAHARISHI & SHRI K. N. CHARY

For Respondent: Shri Satpal Gulati [CIT]–DR;
Hearing: 05/07/2021Pronounced: 05/07/2021

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal is filed by M/s. Allied Strips Ltd. through its Insolvency Resolution Professional (IRP), Shri Mohan Lal Jain against the order of the ld. Commissioner of Income Tax (Appeals)–XXVI, New Delhi, for Assessment Year 2010-11, raising several grounds of appeal

2. At the time of hearing, nobody appeared on behalf of the assessee or IRP. On the previous date of hearing on 20.04.2021 also none appeared on Page | 1 behalf of the assessee. The next date of hearing i.e. 05.07.2021 was announced in the open court then and the notice was directed to be issued to the assessee by Registered Post AD. On the appointed date, i.e. today also none appeared on behalf of the assessee.

3.

The ld. [CIT]–DR submitted that assessee has undergone the process of Insolvency Resolution under The IBC 2016 and, therefore, IRP, Mr. Mohan Lal Jain, has filed this appeal. He submitted that Mr. Mohan Lal Jain is no more an IRP of the assessee and, therefore, the appeal filed by the assessee is invalid and not maintainable.

4.

We have carefully considered the contention of the ld. [CIT]–DR and find that Mr. Mohan Lal Jain is no more an IRP of the assessee and, therefore, appeal filed by the IRP, who is no more an IRP is not a valid appeal. This fact is evident from the latest order of National Company Law Appellate Tribunal, New Delhi, in Company Appeal No. 680 of 2019 dated 08th June, 2020 wherein Mr. Sandeep Mahajan is the IRP having the address of 409, Ansal Bhawan, K. G. Marg, Connaught Place, New Delhi-110001. Therefore, this appeal of the assessee is dismissed as not maintainable as filed by earlier IRP. We also give liberty that in case the new IRP wishes to agitate the above appeal, he may file so with proper application for admission of the appeal as authorized by the committee of creditors. 5. In view of this appeal filed is dismissed with above direction.

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