M/S. GAUTAMI POWER LTD., SECUNDERABAD vs. THE ASST. COMMISSIONER OF INCOME TAX, HYDERABAD

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ITTA/317/2011HC TelanganaHBHC01072749201115 December 2025Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO5 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court held that in light of the order passed by the NCLT on 06.01.2025, there were no good reasons to further continue with the appeals. Consequently, both appeals were disposed of. The Court directed the appellant to inform the jurisdictional Assessing Officer about the disposal of these appeals to enable them to issue appropriate consequential orders. No costs were awarded. The operative direction was the disposal of both appeals.

What were the facts?

The appellant, M/s. Gautami Power Limited, filed two Income Tax Tribunal Appeals (ITTAs) numbered 316 and 317 of 2011 before the High Court for the State of Telangana at Hyderabad. These appeals challenged orders dated 24-10-2008 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B'. ITTA No. 316 of 2011 pertained to Assessment Year 2002-2003, and ITTA No. 317 of 2011 related to Assessment Year 2003-2004. The respondent in both appeals was the Assistant Commissioner of Income Tax, Hyderabad. The appeals were filed under Section 260A of the Income Tax Act, 1961. During the pendency of these appeals, the appellant filed a petition before the National Company Law Tribunal (NCLT), Hyderabad, for winding up/liquidation, which was disposed of on 06.01.2025.

What were the issues?

The High Court was to decide whether to continue hearing the appeals filed by M/s. Gautami Power Limited. The appellant contended that since a petition for winding up/liquidation was filed before the NCLT and disposed of on 06.01.2025, there were no good reasons to further continue with the appeals before the High Court. The revenue's contentions are not recorded in the judgment.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

[ 348e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO INCOME TAX TRIBUNAL APPEAL Nos.316 and 317 OF 2011 INCOME TAX TRIBUNAL APPEAL NO: 316 OF 2011 lncome Tax Tribunal Appeal Under Section 260A of the lncome Tax Act,1961 against the Order dated 24-10-2008 passed in ITA No. 2/HYD/2006 for the Assessment Yeat 2OO2-2OO3 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad. Between: M/S. Gautami Power Limited, 156-159, Paigah House S.P.Road, Secunderabad, Represented by its Director Shri A. Issac George. ...Appellant AND The Asst. Commissioner Of Income Tax, Hyderabad, Central Circle -1, Hyderabad. ...Respondent INCOME TAX TRIBUNAL APPEAL NO: 317 OF 2011 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act,1961 against the Order dated 24-10-2008 passed in ITA No.251lHYD/2007 for the Assessment Year 2003-2004 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad. Between: M/S. Gautami Power Ltd.,156-159, Paigah House S.P- Road, Secunderabad Rep by its Diredtor, Shri A. lssac George. ...Appellant a

AND The Asst. Commissioner of lncome Tax, Central Circle_1 l-1, derabad ...Respondent Counsel for the Appe ants in both ITTAs : M/S CKR ASSIS 3141E5 Counsel for the Respondents in both ITTAs : SRI N pRAV i :N REDDY Senior Standing t) )unsel for lT DEpT The Court delivered the following: COMMON JUDGMENT

IN THE HIGH COURT FOR THtr STATE OF TELAIIGAIIA AT YDERABAD THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO I.T.T.A. Nos.316 and 317 of 2011 Date: 15.12.2025 Between: M/s.Gautami Power [-td.. rep.by its Director, Shri A.lssac George- Appellant And The Asst- Commissioner of Incomc 'l'ax, Central Circlc-1, Hyderabad. Respondent COMMON JUDGMENT (per I lon'ble Sri .Iustice P.Sam Koshy) Heard M/s.CKR Associates, learned counsel appearing for the appellant and Ivlr.N.Pravcen Reddy. learned Senior Standing Counsel tbr the Income Tax Dcpartment, appearing lor the respondent. 2. Both the Appeals have bccn hled by the same appellant pending consideration before this Court quite fot' some time. Today, whcn the matters arc taken-up for hearing. learned counsel for the appellant submits that pending appeals be[bre this Court the appellant had filed a petition belore the National Company Law Tribunal, Hyderabad, (for sho( N.Cl.t-.T.) for winding up/liquidation in CP (lB) No.39ll7lHDBl2022, which stood disposed of on 06.01'2025 '

2 In the light of order so passcd by N.C.L.T on 06.03.20. ,s. u.e do not find any good reasons to further continue with these appeals ny fi_rrther. 3. Both the appeals stan<i disposed of in the light r I order passed by N.C.L,1', darcd 06.0j.2025. It is rhe responsibiliry , ) rhc appellant to inform the jurisdictional Asscssing Officer in respc( I r f the disposal oi these appeals enabling them to issue appropriate conr cquential orders. No costs closed Consequently.. ntiscellaneous pctitions pending. i . an1, shall stand Sd/' \.V.S.S.C.S.M. SARMA JOINT REGISTRAR To & //TRUE COPY// SECTION OFFICER 1 . The lncome Tax Appellate Tribunal, Hyderabad Benr t ,B', Hyderabad 2 One CC to M/S CKR ASSOCTATES, Advocate [OpU,] 3 OneCC toSRI N PRAVEEN REDDY( SENTORSTAI D|NG COUNSEL FOR IT DEPT) [OPUC] 4. Two CD Copies ADI(PR

HIGH COURT DATED:1 511212025 COMMON JUDGMENT lTTA.Nos.316 and 317 of 2011 DISPOSING OF THE BOTH ITTA s WITHOUT COSTS sIe O 1 tJ^-. i 202b .IAll * )- , 1 x( a t 3\

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