GEMINI INDUSTRIES &IMAGING LTD vs. THE COMMISSIONER OF INCOME TAX

TCA/447/2015HC Madras19 August 2024Bench: Honourable Mr Justice R. SURESH KUMAR4 pages

AI SummaryDismissed

What did the High Court hold?

The High Court recorded the submission made by the learned counsel for the appellant that the appellant company is under liquidation and therefore, the appellant wishes to pursue their remedy before the official liquidator, as nothing further survives in the present appeal. Based on this submission, the Court found that the appeal had become infructuous. Consequently, the Tax Appeal was dismissed. The Court made no order as to costs. No specific issue was decided on merits, and the dismissal was based on the procedural development of the appellant company being under liquidation.

What were the facts?

The appellant, Gemini Industries and Imaging Limited, represented by its Director, Mr. A. Manohar Prasad, filed a Tax Case Appeal against an order of the Income Tax Appellate Tribunal, 'A' Bench, Chennai, dated April 10, 2015, for the assessment year 2009-10. The appeal was filed under Section 260A of the Income Tax Act, 1961. The respondent was the Commissioner of Income Tax, Chennai-IV. During the proceedings before the High Court, it was submitted by the learned counsel for the appellant that the appellant company is under liquidation and that the appellant wishes to pursue remedies before the official liquidator, as nothing further survives in the present appeal.

What were the issues?

1. Whether the appeal has become infructuous due to the appellant company being under liquidation and the intention to pursue remedies before the official liquidator, rendering further proceedings in the appeal unnecessary. Assessee's contention: The learned counsel for the appellant submitted that the appellant company is under liquidation and that the appellant wishes to work out their remedy before the official liquidator, as nothing survives in this appeal. No specific authorities or precedents were mentioned in support of this submission. Revenue's contention: The judgment records no specific contention from the revenue regarding the maintainability or continuation of the appeal in light of the appellant's submission.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

T.C.A.No.447 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.08.2024 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE C.SARAVANAN T.C.A.No.447 of 2015 Gemini Industries and Imaging Limited, Represented by its Director, Mr.A.Manohar Prasad ... Appellant -Vs- The Commissioner of Income Tax, Chennai-IV.

... Respondent PRAYER : Tax Case Appeal filed under Section 260 A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal 'A' Bench, Chennai dated 10.04.2015 in I.T.A.No.1255/Mds/2014 for the assessment year 2009-10. For Appellant : Ms.Amirtha Sathyajith for Mr.Suhrith Parthasarathy For Respondent : Mr.J.Narayanaswamy Senior Standing Counsel J U D G M E N T 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.447 of 2015 (Judgment of the Court was delivered by R.SURESH KUMAR, J) It is submitted by the learned counsel appearing for the appellant that, the appellant Company is under liquidation, therefore, the appellant wants to work out his remedy before the liquidator, since official liquidator has been appointed, therefore, nothing survives in this appeal. 2. Recording the same, this Tax Appeal is dismissed. However, there shall be no order as to costs. (R.S.K., J.) (C.S.N., J.) 19.08.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.447 of 2015 To 1. The Commissioner of Income Tax, Chennai-IV. 2. The Income Tax Appellate Tribunal 'A' Bench, Chennai. 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.447 of 2015 R.SURESH KUMAR, J. and C.SARAVANAN, J. vji T.C.A.No.447 of 2015 19.08.2024 4/4 https://www.mhc.tn.gov.in/judis

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