M/s. Modi Entertainment Ltd. 49, Community Centre, Friends Colony, New Delhi Vs. DCIT Circle 5(1) New Delhi.
October, 06th 2021
1 M.A Nos. 292/Del/2016 & 439/Del/2015
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘FRIDAY’ NEW DELHI
BEFORE SH. R. K. PANDA, ACCOUNTANT MEMBER AND
MS SUCHITRA KAMBLE, JUDICIAL MEMBER
M.A No. 292/DEL/2016 IN
(ITA No. 4902/DEL/2005) (A.Y. 2002-03)
M/s. Modi Entertainment Ltd. Vs DCIT 49, Community Centre, Circle 5(1) Friends Colony, New Delhi. New Delhi, (APPLICANT) (RESPONDENT)
M.A No. 439/DEL/2015 IN
(ITA No. 102/DEL/2006) (A.Y. 2002-03)
DCIT Vs M/s. Modi Entertainment Ltd. Circle 5(1) 49, Community Centre, New Delhi. Friends Colony, (APPLICANT) New Delhi, (RESPONDENT)
Applicant by Sh. Deepesh Jain, Ca Respondent by Sh. Vinod Sharma, Sr. D.R.
Date of Hearing 27.08.2021
Date of Pronouncement 05.10.2021
PER SUCHITRA KAMBLE, JM
These two Miscellaneous Applications are field by the assessee as well as by the Revenue in respect of order dated 25/2/2015 passed by the Tribunal. 2 M.A Nos. 292/Del/2016 & 439/Del/2015
2. The Ld. AR submitted that the assessee company pursuant to certain dispute with one of the creditors went under the liquidation proceedings and vide the Hon’ble Delhi High Court’s order dated 2/3/2009, the provisional/official liquidator was appointed to take charge of the affairs of the assessee company. Subsequently, however, due to amicable settlement of dispute made between the parties, assigning of the official liquidator was withdrawn by the Hon’ble Delhi High Court vide order dated 24/11/2012, thereby re-insisting the ex-management of the Company. The Ld. AR further submitted that pursuant to the withdrawal of the appointment of the official liquidator the applicant/assessee filed afresh power of attorney (Vakalatnama) signed by the management. At the time of hearing on 25th February, 2015, both the sides argued the matter on merit. The Ld. AR pointed out that the reinstatement of management and the Companies State of Affairs were also clarified by the assessee vide letter dated 29/4/2015 on the pointed query raised by the Bench of the Tribunal while hearing the appeals for Assessment Years 2001-02 and 2004-05. This fact is also mentioned in the Miscellaneous Application field by the Revenue u/s 254 (2) on 5/11/2015. Since, there were no liquidation proceedings at the time of hearing on 25/2/2015 and the management were reinstated, the appeal filed by the assessee has to be decided on merit. Therefore, the order dated 27/2/105 may be recalled and t he appeal may be heard on merit.
3. The Ld. DR agreed with the contention of the Ld. AR and the Revenue’s Miscellaneous Application is also on the same point /argument.
4. We have heard both the parties and perused the material available on record. It is pertinent to note that on date of hearing i.e. on 25/2/2015, appeals were argued on merit but order dated 27/2/2015 has proceeded and appeals were disposed off only on ground of non-appointment of official liquidator. This appears to be a clear mistake apparent on record, therefore, we are recalling order dated 27/2/2015 as per the provisions of Section 254 of the Income 3 M.A Nos. 292/Del/2016 & 439/Del/2015
Tax Act, 1961. The Miscellaneous Applications filed by the assessee as well as by the Revenue are allowed and the order dated 27/2/1015 is recalled. The appeal being ITA No. 4902/Del/2015 and ITA No. 102/Del/2006 be placed for hearing afresh on 11/11/2021. We have informed both the parties in open Court about the next date of hearing of the appeal. Hence, no separate notice will be issued to both the parties and the parties should remain present at the time of hearing on 11/11/2021. Registry is directed to place these appeals for fresh hearing. The Miscellaneous Applications are allowed.
9. In result, both the Miscellaneous Applications are allowed.
Order pronounced in the Open Court on the 05th day of October, 2021
(R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER