Facts of the Case

The present batch of appeals was filed by the Revenue (Principal Commissioner of Income Tax-1) against various entities of the Amrapali Group, including Amrapali Silicon City Pvt. Ltd., Amrapali Sapphire Developers Pvt. Ltd., and Amrapali Leisure Valley Developers Pvt. Ltd.

These appeals pertained to multiple Assessment Years ranging from AY 2010–11 to AY 2014–15. The Revenue challenged orders passed by the Income Tax Appellate Tribunal (ITAT) dated 17.03.2021, 08.04.2021, and 17.06.2021.

The Tribunal had dismissed the appeals considering that the respondent companies were undergoing Corporate Insolvency Resolution Process (CIRP). It relied on its earlier order and dismissed both assessee and Revenue appeals accordingly.

It was also brought to the Court’s attention that matters relating to the Amrapali Group were under consideration before the Supreme Court.

Issues Involved

  1. Whether the appeals filed by the Revenue can proceed when the respondent companies are undergoing insolvency proceedings under CIRP.
  2. Whether dismissal of appeals by ITAT on account of insolvency proceedings was justified.
  3. Whether the High Court should keep the appeals pending in absence of clarity regarding representation of the respondent companies.

 Petitioner’s Arguments (Revenue)

  • The Revenue repeatedly informed the Court that the respondent companies were undergoing insolvency proceedings.
  • It was submitted that proceedings relating to the Amrapali Group were being handled by the Supreme Court.
  • However, the Revenue was unable to provide clarity regarding the appropriate party upon whom notice should be served during the CIRP process.

 Respondent’s Arguments

  • None appeared on behalf of the respondents.
  • The Tribunal had already considered the effect of insolvency proceedings and dismissed the appeals accordingly.

 Court’s Findings / Order

  • The Court noted that despite repeated opportunities, the Revenue failed to provide clarity regarding the correct party for service of notice in light of ongoing insolvency proceedings.
  • It also observed that more than one year had elapsed without any definite progress or clarification.
  • Considering the circumstances, the Court held that continuing the appeals would not be appropriate.

Final Order:

  • The appeals were closed with liberty granted to the Revenue to seek revival of the appeals in accordance with law once clarity is obtained.
  • All pending applications, including those for condonation of delay, were also disposed of.

Important Clarification

  • The Court did not decide the merits of the tax issues involved.
  • The closure of appeals is procedural, not substantive.
  • Liberty to revive ensures that the Revenue’s rights remain protected once procedural hurdles (like identifying the proper party during CIRP) are resolved.

Sections Involved

  • No specific section of the Income Tax Act was adjudicated on merits in this order.
  • The matter primarily revolved around the procedural impact of insolvency proceedings (CIRP) on pending tax appeals.

 

  • Interaction between tax proceedings and insolvency law continues to be a significant procedural challenge.


Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/60821122023ITA3292022_004004.pdf

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