DCIT,CIRCLE-2(1), KOLKATA vs. M/S. AMRIT HATCHERIES(P)LTD, KOLKATA

At the time of hearing when the appeal was called up for hearing no one was present on behalf of the assessee to argue the case. The ld. CITDR submitted before the Bench that in the impugned case the assessee company has gone into liquidation and National Law Company Tribunal, Kolkata Bench vide order dated 25.02.2020 has Assessment Year: 2015-16 M/s Amrit Hatcharies Pvt. Ltd. already passed the order appointing official liquidator and therefore the case may be decided accordingly.

With the assistance of Ld. D.R, we have perused the facts on record including the decision of NCLT, Kolkata vide order dated 25.02.2020. We find from the said decision that application u/s 9 of Insolvency and Bankruptcy Code, 2016 (in short I& B Code) read with Rule 6 of Insolvency and Bankruptcy Code (application to adjudicating authority) Rules, 2016 for initiation of corporate insolvency process against the assessee. In view of the said order of NCLT, the appeals of the revenue before us becomes not maintainable as all the litigation against or by the impugned assessee shall come to an end and all the dues/liability owed to Central Government by way of tax duty or any other cess would be extinguished. Accordingly we are inclined to dismiss the appeal of the revenue.

In the result, the appeal of the revenue is dismissed.