M/S J.R.D. INTERNATIONAL PVT. LTD,DELHI vs. DY. COOMMISSIONER OF INCOME TAX CENTRAL CIRCLE, AMRITSAR
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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE
Per Bench:
The captioned appeals are filed by the assessee against the separate
orders of the ld. Commissioner of Income Tax (Appeals)-5, Ludhiana even dated 29.01.2019, in respect of Assessment Years: 2013-14 to 2015-16.
2 ITA No. 199 to 201/Asr/2019 JRD International Pvt. Ltd. v. Dy. CIT 2. At the outset, the Ld. council for the assessee submitted that the
assessee has filed petition before the National Company Law Tribunal
(NCLT), Chandigarh Bench, Chandigarh for the admission of its cases and
the petition has been admitted by the honourable NCLT and now the
appeals of the assessee are to be handled by Sachin Garg, proprietor
Deepak traders, shop number 31, first floor New Azad Mandi, Narela-
110040, Delhi. A copy of the order of NCLT was filed on record for the
ready reference. Accordingly, he requested that the captioned appeals me
kindly be abated with the right to the assessee to revive the appeals.
Per Contra, the Ld. CIT (DR) has no objection to the request of the
council of the assessee. However, he made a request that the department
meant may be permitted to realise the demand out of the assets of the
assessee company.
Having heard both the sides, perusal of record and impugned orders
we find that petition before the National Company Law Tribunal (NCLT),
Chandigarh Bench, Chandigarh for the admission of appellant assessee
cases has been admitted by the honourable NCLT u/s 9(5)(i) of the Code
wherein vide para 19, Mr. Parvinder Singh has been appointed as
resolution professional under the provisions of section 16(5) of the code. Ld
3 ITA No. 199 to 201/Asr/2019 JRD International Pvt. Ltd. v. Dy. CIT AR also submitted that now the appeals of the assessee are to be handled
by Sachin Garg, proprietor Deepak traders, shop number 31, first floor New
Azad Mandi, Narela- 110040 with a request that the captioned appeals me
kindly be abated with the right to the assessee to revive the appeal till
appointment of new council to represent the appeals before the Tribunal. In
view of that matter, we consider it deem fit that the appellate proceedings in
the captioned three appeals of assessee may be abated till the date of the
appointment of new council by the resolution professional. Accordingly, the
captioned appeals stand abated with the right/permission to appellant to
revive the appeals on appointment of the new council to represent the
appeals before the Tribunal. At the same time, the department has right to
realise the demand out of the assets of the appellant company.
In the backdrop of the above discussion, the subject appeals are
disposed of in the terms indicated as above.
Order pronounced in the open court on 25.08.2023
Sd/- Sd/- (Anikesh Banerjee) (Dr. M. L. Meena) Judicial Member Accountant Member *DOC* Copy of the order forwarded to: (1) The Appellant: (2) The Respondent:
4 ITA No. 199 to 201/Asr/2019 JRD International Pvt. Ltd. v. Dy. CIT (3) The CIT(Appeals) (4) The CIT concerned (5) The Sr. DR, I.T.A.T. True Copy By Order
