2022 (3) TMI 1520 - HC - Income Tax

Assessment against company in liquidation - liquidation in proceedings pending before the National Company Law Tribunal - HELD THAT - As respondent company Moser Baer India Ltd. is not financially viable and is in liquidation before NCLT. The order also makes it clear that even if the Revenue were to succeed the Official Liquidator would not be in a position to pay the tax amount involved in these appeals. Thus even if the appellant-department succeeds in the present appeal there would be no fructifying effect as the respondent company which is under liquidation would not be able to discharge its debts and tax liability through the liquidator. The courts are already overburdened. . There is no purpose of flogging a dead horse. Thus we are of the view that there is no purpose in keeping this matter alive. Hence in view of peculiar facts and circumstances report filed by the department and the order passed by the Apex Court in 2020 (7) TMI 760 - SC ORDER we dispose of the present appeal

Summary

Issues:
1. Appeal against order passed by ITAT regarding Assessment Year 2005-2006.
2. Rejection of exemption under Section 10B of the Income Tax Act, 1961.
3. Disallowance of credit under "miscellaneous income" and addition on account of sale.
4. CIT(A) decision on transfer pricing adjustment and forward exchange contract sale.
5. Department's appeal before Delhi High Court after ITAT decision.
6. Impact of Apex Court order on pending appeals.

Issue 1:
The Principal Commissioner filed an appeal against the ITAT order for Assessment Year 2005-2006, where the Assessee's return of income declared a significant loss. The Assessing Officer rejected the exemption under Section 10B of the Income Tax Act, 1961, stating a lack of nexus between income and manufacturing activity. Additionally, credit under "miscellaneous income" and sale proceeds were disallowed, leading to additions in the assessment.

Issue 2:
The CIT(A) partially upheld the Assessing Officer's decision, allowing deductions under Section 10B for certain income but disallowing others like transfer pricing adjustments and forward exchange contract sale. Both the Assessee and the department appealed to the ITAT, which favored the Assessee, prompting the Principal Commissioner to challenge the ITAT decision in the Delhi High Court.

Issue 3:
Following the Apex Court's order in a similar case involving a company in liquidation, the Revenue department considered the practicality of pursuing the appeal. The Revenue department acknowledged that even if successful, the company under liquidation would be unable to pay its tax dues, rendering the appeal futile. The High Court, considering the circumstances and the burden on the legal system, decided to dispose of the present appeal, leaving the legal question open for future cases.

Conclusion:
The High Court's decision to dispose of the appeal in light of the company's liquidation status and inability to pay taxes showcases a pragmatic approach to legal proceedings, preventing unnecessary burden on the courts and resources. The judgment emphasizes the need for practicality and efficiency in legal matters, especially when pursuing appeals that may not result in tangible outcomes due to external circumstances like a company's insolvency.