Moser Baer India Ltd., New Delhi v. DCIT, New Delhi

ITA 4195/DEL/2016 | 2011-2012
Pronouncement Date: 17-03-2021 | Result: Dismissed

Appeal Details

RSA Number 419520114 RSA 2016
Assessee PAN AAACM0322J
Bench Delhi
Appeal Number ITA 4195/DEL/2016
Duration Of Justice 4 year(s) 7 month(s) 18 day(s)
Appellant Moser Baer India Ltd., New Delhi
Respondent DCIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 17-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted I
Tribunal Order Date 17-03-2021
Last Hearing Date 27-02-2020
First Hearing Date 27-02-2020
Assessment Year 2011-2012
Appeal Filed On 29-07-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH I-1 : NEW DELHI) BEFORE SHRI R.K. PANDA ACCOUNTANT MEMBER AND SHRI KULDIP SINGH JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA NO.4195/DEL./2016 (ASSESSMENT YEAR : 2011-12) M/S. MOSERBAER INDIA LTD. VS. DCIT CIRCLE 17 (1 ) 43 B OKHLA INDL. AREA PHASE III NEW DELHI. NEW DELHI 110 020. (PAN : AAACM0322J) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI UPVAN GUPTA ADVOCATE REVENUE BY : SHRI SURENDER PAL CIT DR DATE OF HEARING : 17.03.2021 DATE OF ORDER : 17.03.2021 O R D E R PER KULDIP SINGH JUDICIAL MEMBER : APPELLANT M/S. MOSERBAER INDIA LTD. (HEREINAFTER REFERRED TO AS THE ASSESSEE) BY MOVING AN APPLICATION SUP PORTED WITH AN ORDER PASSED BY HONBLE SUPREME COURT IN CIVIL APPEAL NO.4704 OF 2014 ORDER DATED JULY 21 2020 IN ASSESSEES OWN CASE BROUGHT TO THE NOTICE OF THE BENCH THAT NATIONAL COMPANY LAW TRIBUNAL (NCLT) VIDE ORDER DATED 20.09.2018 HAS PASSED DIRECTIONS FOR LIQUIDATION OF THE ASSESSEE COMPANY BY APPOINTING ITA NO.4195/DEL./2016 2 SHRI ANIL KOHLI RESOLUTION PROFESSIONAL AS LIQUIDA TOR UNDER SECTION 33 (2) OF THE INSOLVENCY AND BANKRUPTCY COD E 2016 (FOR SHORT THE CODE) TO DISPOSE OFF THE PRESENT APPEAL ACCORDINGLY. 2. HONBLE SUPREME COURT IN ASSESSEES OWN CASE IN CIV IL APPEAL NO. 4704 OF 2014 ORDER DATED JULY 21 2020 ALSO HELD AS UNDER :- THE OFFICIAL LIQUIDATOR HAS FILED A REPORT THAT T HE RESPONDENT-COMPANY (MOSER BEAR INDIA LTD. ) IS NOT FINANCIALLY VIABLE AND IS UNDER LIQUIDATION IN PROCEEDINGS PEND ING BEFORE THE NATIONAL COMPANY LAW TRIBUNAL. EVEN IF THE APPELLAN T-REVENUE WERE TO SUCCEED THE OFFICIAL LIQUIDATOR IS NOT IN A POSITION TO PAY THE TAX AMOUNT INVOLVED IN THESE APPEALS. INDISPUTEDLY THE RESPONDENT-COMPANY HAS GONE IN LIQUIDATION. THE COMPANY IN LIQUIDATION IS NOT IN A POSITION TO PAY ITS OUTSTANDING DUES INCLUDING TAXES. MOREOVER THE TAX EFFECT IN THE CONCERNED APPEALS IS JUST OVER RS.2 00 00 00 0/- (RUPEES TWO CRORE ONLY). TAKING OVERALL VIEW OF THE MATTER WE DEEM IT APPRO PRIATE TO DISPOSE OF THESE APPEALS LEAVING THE QUESTION O F LAW OPEN TO BE DECIDED IN APPROPRIATE CASE. ORDERED ACCORDINGLY . 3. WE HAVE HEARD THE LD. AUTHORIZED REPRESENTATIVES OF THE PARTIES TO THE APPEAL GONE THROUGH THE DOCUMENTS R ELIED UPON AND ORDERS PASSED BY THE REVENUE AUTHORITIES BELOW IN T HE LIGHT OF THE FACTS AND CIRCUMSTANCES OF THE CASE. 4. PROVISIONS CONTAINED UNDER SECTION 238 OF THE C ODE ARE HAVING AN OVERRIDING EFFECT OVER ALL OTHER CENTRAL AND STATE STATUTES INCLUDING INCOME-TAX ACT AS HELD BY HONBLE SUPREME COURT IN CASE OF PCIT VS. MONNET ISPAT AND ENERGY LTD. SLP ( C) ITA NO.4195/DEL./2016 3 NO.6483 OF 2018 ORDER DATED 10.08.2018 BY RETURNING FOLLOWING FINDINGS :- GIVEN SECTION 238 OF THE INSOLVENCY AND BANKRUPTCY CODE 2016 IT IS OBVIOUS THAT THE CODE WILL OVERRIDE ANY THING INCONSISTENT CONTAINED IN ANY OTHER ENACTMENT INCL UDING THE INCOME-TAX ACT. 5. IN VIEW OF THE MATTER SECTION 238 OF THE CODE W ILL HAVE OVERRIDING EFFECT OVER ALL OTHER CENTRAL AND STATE STATUTES INCLUDING THE INCOME-TAX ACT AND ALL THE CLAIMS INCLUDING CLA IM OF THE INCOME-TAX DEPARTMENT UNDER THE INCOME-TAX ACT 196 1 SHALL BE ENTERTAINED BY THE OFFICIAL LIQUIDATOR U/S 53 (1) O F THE CODE. KEEPING IN VIEW ALL THESE FACTS LD. AR FOR THE ASS ESSEE STATED AT BAR THAT HE DOES NOT PRESS THIS APPEAL AND SAME MAY BE DISMISSED AS WITHDRAWN. CONSEQUENTLY PRESENT APPEAL IS DISM ISSED AS WITHDRAWN HAVING BEEN BECOME INFRUCTUOUS. ORDER PRONOUNCED IN OPEN COURT ON THIS 17 TH DAY OF MARCH 2021 AFTER THE CONCLUSION OF THE VIRTUAL HEARING. SD/- SD/- (R.K. PANDA) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 17 TH DAY OF MARCH 2021 TS ITA NO.4195/DEL./2016 4 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A) 5.CIT(ITAT) NEW DELHI. AR ITAT NEW DELHI.