M/S. J R. AGRO TECH. PVT. LTD,GURDASPUR vs. DY. COMMISSIONER 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 and the Revenue
against the separate order of the ld. Commissioner of Income Tax
(Appeals)-5, Ludhiana dated 02.11.2018 & 18.02.2019 for Assessment
Year: 2013-14 & 2016-17.
At the outset, the ld. counsel for the assessee filed an adjournment
application from Sh. Mohit Chawla who was appointed as a Resolution
Professional in the matter of the appellant assessee to attend the
proceedings for NCLT dated 20.03.2022. There is no report received so far
from the side of the appellant assessee on the decision on the matter
pending before the NCLT even on expiry of a period of one year. The ld.
counsel Mr. Ashwani Kalia stated at the time of hearing that the present
appeals may be abated till the matter is resolved by the NCLT with a right
to revive the appeals.
3 ITA Nos. 04 & 219/Asr/2019 & Ors J.R. Agro Tech P. Ltd. v. Dy.CIT 3. The ld. DR has no objection to the request of the ld. counsel for
abatement of the appellate proceedings in the three captioned appeals with
a request that the department be given a right to proceed with recovery of
demand.
We have heard the rival contentions, perused the material on record
and the impugned orders. Since, the matter in all the three appeals are
locked up before NCLT as the company went into CIRP vide order dated
27.07.2018 and Mr. Mohit Chawla has been appointed as a Resolution
Professional in the corporate debtor for the assessment year 2013-14 and 2016-17 on 21st March, 2022. In view of that matter, we consider it deem fit
to abate the proceedings till the resolution of the matter of corporate
debtors by the NCLT or Sh. Mohit Chawla as a Resolution Professional
appointed gets ready with the subject matter of appeals. The appellant is
permitted to revive the appeals on resolution of the matter of the corporate
debtors by the NCLT and at the same time, the department would have
right to proceed with recovery of the demand. In view of that matter, the
proceedings in the subject three appeals stands abated from today.
4 ITA Nos. 04 & 219/Asr/2019 & Ors J.R. Agro Tech P. Ltd. v. Dy.CIT 5. In the result, the captioned three appeals of the assessee and
Revenue are disposed of in the terms indicated as above.
Order pronounced in the open court on 23.08.2023
Sd/- Sd/- (Anikesh Banerjee) (Dr. M. L. Meena) Judicial Member Accountant Member *GP/Sr.PS*
Copy of the order forwarded to: (1) The Appellant: (2) The Respondent: (3) The CIT(Appeals) (4) The CIT concerned (5) The Sr. DR, I.T.A.T. True Copy By Order
