M/s.Lanco Kondapalli Power Pvt Ltd vs. DCIT., Circle - 16 [1], Hyderabad

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ITTA/123/2010HC TelanganaHBHC01025012201014 February 2025Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court held that in view of the fact that the company has already gone into liquidation, all the rights of the appellant-company stand extinguished. Consequently, the Court was of the considered opinion that nothing further remains to be adjudicated in the instant appeal. The appeal was accordingly disposed of without any order as to costs. The ratio decidendi is that once a company is in liquidation, its legal rights are extinguished, rendering further adjudication of its appeals moot. The operative direction was to dispose of the appeal.

What were the facts?

The appeal was filed by M/s. Lanco Kondapalli Power Pvt Ltd (the appellant) against an order dated 24-10-2008 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad Bench 'B'. The ITAT order was for the assessment year 1999-2000. The appeal challenges the ITAT's decision, which was preferred against an order dated 07-01-2008 by the Commissioner of Income Tax (Appeals)-V, Hyderabad. This, in turn, was against an order dated 29-12-2006 passed by the Deputy Commissioner of Income Tax, Circle 16(1), Hyderabad. The appellant's counsel informed the High Court that the appellant-company has since gone into liquidation, with the National Company Law Tribunal passing an order on 23.06.2023.

What were the issues?

The primary issue before the High Court was whether the appeal could proceed given the appellant-company's liquidation. The appellant's counsel submitted that the company has gone into liquidation and the National Company Law Tribunal has passed an order on 23.06.2023. The revenue's contentions were not recorded in the judgment. The question of law, implicitly, is whether an appeal can be adjudicated on merits when the assessee company has gone into liquidation, thereby extinguishing its rights.

Which sections of the Income-tax Act were involved?

Section 260(A)

AI-generated summary — verify with the full judgment below

13447 ) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No: 123 ot2010 Appeal filed under Section 260(A) of the Income-Tax Act, against the order dated 24-10-2008 passed in lTA.No.479lHydl2008 for the assessment year '1999- 2000 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'B', Hyderabad preferred against the Order dated 07 -O1-2008 passed in lTA.No. 386/DC-16(1)/C.lT(A)-Vl2006-07 on the file of the Commissioner of lncome Tax (Appeals)-V, Hyderabad preferred against the Order dated 29-12-2006 passed in PAN/GIR No. AjfuqcKsl 23AlL-37 on the file of the lncome Tax Department, Deputy Commissioner of lncome Tax, Circle '16(1), Hyderabad. Between: M/s.Lanco Kondapalli Power Pvt Ltd, O/o.Lanko House, 141, Avenue 8, Road No.2, Banjara Hills, LV Prasad Marg, Hyderabad. ...Appellant AND DCIT, Circle - 16 (1 ), Hyderabad. ...Respondent Counsel for the Appellant: Mr. A.V.A. Siva Kartikeya, counsel representing Mr. A.V. Krishna Koundinya Counsel for the Respondent: Mr. J.V. Prasad, Senior Standing Counsel for lncome Tax Department The Court delivered the following: JUDGMENT I

THE HONOT]RABLE SRIJUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.l23 OF 2010 JUDGMEN:I : Qttr l{on'ble Sri .lustice P.Sam Koshy) I{eard Mr. A.V.A.Siva Kartikeya, leamed counsel representing Mr. A.V.Krishna Koundinya, leamed counsel for the appellant and Mr. Mr. J.V.Prasad, leamed Senior Standing Counsel for the Income Tax Department for the respondent. Perused the record. 2. The leamed counsel for the appellant submits that as per his information, the appellant-company has since gone into liquidation and the National Company Law Tribunal has already passed an order on 23.06.2023. 3. In vien of the fact that the company has already gone into liquidation. \\,e are of the considered opinion that all the rights of the appellant-company stands extinguished. As such, nothing further remains to be adjudicated in the instant appeal. 4. The appeal is, accordingly, disposed of. There sl.rall be no order as to costs F

I 2 To, Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The lncome Tax Appellate Tribunal Hyderabad Bench '8" Hyderabad 2. The Commissioner of lncome Tax (Appeals)-V, Hyderabad 3. The lncome Tax Department' Deputy Commissioner of lncome Tax' Circle 16(1), Hyderabad. 4. One CC to. Mr. A.V. Krishna Koundinya Advocate [OPUC] 5. One CC to Mr. J.V. Prasad, Senior Standing Counsel for lncome Tax Department [OPUC] 6. Two CD Copies kam/gh Vk- 4 /_ \

i HIGH COURT e- 1, DATED:1410212025 JUDGMENT ITTA,No.123 ot 2010 DISPOSING OF THE APPEAL I ."td 6rPnffi jr rA s { \.\L PA1 i O,L- S < t I 4.* t' X"' I I \

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