M/S J.R.D. INTERNATIONAL PVT. LTD,DELHI vs. DY. COOMMISSIONER OF INCOME TAX CENTRAL CIRCLE, AMRITSAR

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 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.