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

ORDER

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withdrawn by the Hon’ble Delhi High Court vide order dated 24/11/2012,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

Sd/- Sd/-

(R. K. PANDA) (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated: 05/10/2021

R. N. Sr. PS *

Copy forwarded to:

1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT

ASSISTANT REGISTRAR
ITAT NEW DELHI