M/S SHREE GANESH EPC P LTD vs. THE ASSISTANT COMMISSIONER

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TCA/316/2015HC Madras02 September 2024Bench: Honourable Mr Justice R. SURESH KUMAR4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that since the assessee company is under liquidation and a liquidator has been appointed, the appeal cannot be proceeded with in its present form. Consequently, the appeal was dismissed. However, liberty was granted to the assessee company to work out its remedy in accordance with law at a later point in time. No order as to costs was made. The specific grounds of appeal or the merits of the case were not decided.

What were the facts?

The appellant is M/s Shree Ganesh EPC Pvt. Ltd., formerly M/s Sri Ganesh Wind Power Engineers P Ltd. The respondent is the Assistant Commissioner of Income Tax, Circle I, Tuticorin. The appeal is filed under Section 260A of the Income Tax Act, 1961. The High Court noted that the appellant assessee company is under liquidation, and a liquidator has been appointed, which was recorded on August 19, 2024. Due to the liquidation process, the appeal could not be proceeded with in its current form.

What were the issues?

1. Whether the appeal can be proceeded with when the assessee company is under liquidation and a liquidator has been appointed? (Question of law) Assessee's Contention: The judgment does not record any specific contentions made by the assessee regarding the liquidation process or the maintainability of the appeal. The appeal was dismissed due to the liquidation. Revenue's Contention: The judgment does not record any specific contentions made by the revenue regarding the liquidation process or the maintainability of the appeal. The appeal was dismissed due to the liquidation.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

T.C.A.No.316 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.09.2024 CORAM : THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE C. SARAVANAN T.C.A.No.316 of 2015 M/S Shree Ganesh EPC Pvt. Ltd. Formerly Known As M/S Sri Ganesh Wind Power Engineers P Ltd No.7/1B2 Muppandal Main Road Aralvaimozhy, K.K.District 629301. [cause title accepted vide order dated 20.03.2015 in M.P.No.1 of 2015]

.. Appellant Vs. The Assistant Commissioner of Income Tax Circle I, Tuticorin. .. Respondent Prayer: Appeal filed under Section 260A of the Income Tax Act, 1961. For the Appellant : Mr.S.Sridhar For the Respondent : Mr.J.Narayanasamy Senior Standing Counsel JUDGMENT (Order of the Court was made by R.SURESH KUMAR, J.) The appellant assessee company is under liquidation and a liquidator is also appointed and the same was recorded on 19.08.2024. Page 1 of 4 https://www.mhc.tn.gov.in/judis T.C.A.No.316 of 2015 2. In view of the same, since the appeal, as such with the present assessee, cannot be proceeded in view of the liquidation process already initiated, this appeal is dismissed by recording the aforesaid with liberty to the assessee Company to work out the remedy in accordance with law at the later point of time. There shall be no order as to costs. (R.S.K., J.) (C.S.N, J) 02.09.2024 Neutral Citation:Yes/No drm Page 2 of 4 https://www.mhc.tn.gov.in/judis T.C.A.No.316 of 2015 To: 1. The Assistant Commissioner of Income Tax Circle I, Tuticorin. Page 3 of 4 https://www.mhc.tn.gov.in/judis T.C.A.No.316 of 2015 R. SURESH KUMAR, J. AND C. SARAVANAN

, J.

(drm) T.C.A.No.316 of 2015 02.09.2024

Page 4 of 4 https://www.mhc.tn.gov.in/judis

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