2016 (8) TMI 1422 - HC - Income Tax

Proceeding in case of non-operational/ dissolved / struck off company - Appeal filed by Department before High Court- - HELD THAT - A communication issued from the office of Registrar of Companies, dt.7-4-2011 indicating that pursuant to sub-section(5) of Sec.560 of the Companies Act,1956 the name of Gopal Shri Scrips Pvt. Ltd, has been struck off from the Register and the said company is dissolved. In the light of the communication placed for our perusal dt.7-4-2011, no purpose is going to be served in examining the substantial question of law which has been raised for consideration in the instant appeal and on account of these change in circumstances, the present appeal has become infructuouos and accordingly stands dismissed. The appellant is still at liberty to file application if any occasion arises in future.

Summary

The High Court of Rajasthan dismissed the appeal as the respondent company, Gopal Shri Scrips Pvt. Ltd., had been dissolved according to the Companies Act, 1956. The appeal was deemed infructuous due to the company's non-existence, but the appellant can file an application in the future if needed.