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2023 (4) TMI 1167 - AT - Income TaxMaintainability of the appeal against company as dissolved - assessee company does not exist anymore in the eye of law and the Official Liquidator has discharged his duties and relieved as OL - Revenue relied on case of CIT vs. M/s. Gopal Shri Scrips Pvt. Ltd. 2019 (3) TMI 743 - SC ORDER wherein it was held that proceedings can be initiated and continued even after strike off of names of companies remain - also in Dwearka Portfolio Pvt. Ltd. 2022 (5) TMI 1385 - ITAT DELHI ruled that even if the company has been struck off from the register of Companies, an appeal filed by it against the revenue does not become ineffective or infructous and is maintainable HELD THAT - The revenue in the present Misc. Application quoting the cases above which are in the nature of cases the company name has been struck off from the register of Companies under section 560(5) of the Companies Act, 1956. But in the present case of the assessee here in, the Hon ble High Court of Gujarat dissolved assessee company under section 481 of the Companies Act. Therefore in the present Misc. Application, citing new of the Judgments on the ground of striking off the name of the company and consequence thereon will not be applicable to the facts of the present case. Thus the Revenue is re-arguing the appeal with new grounds and case laws, which is not permitted, since the Appellate Tribunal u/s. 254 of the Act, do not have the power to review his own order. Therefore the Present Misc. Application filed by the Revenue is hereby dismissed.
Issues involved:
The judgment deals with the issue of maintainability of an appeal by the Revenue after the dissolution of the assessee company by the High Court of Gujarat. Summary: Issue of Maintainability of Appeal: The Appellate Tribunal, in a Miscellaneous Application filed by the Revenue, addressed the issue of the appeal's maintainability after the assessee company was dissolved by the High Court of Gujarat. The Revenue sought to recall and modify the order dismissing their appeal, citing precedents such as the case of CIT vs. M/s. Gopal Shri Scrips Pvt. Ltd. where it was held that proceedings can continue even after a company is struck off. However, the Tribunal noted that in the present case, the company was dissolved under section 481 of the Companies Act, which differs from cases where the company's name is struck off from the register. The Tribunal emphasized that it cannot review its own order under section 254 of the Act and dismissed the Revenue's application, stating that re-arguing the appeal with new grounds and case laws is not permitted. In conclusion, the Miscellaneous Application filed by the Revenue regarding the maintainability of the appeal was dismissed by the Tribunal. The order was pronounced in the open court on 24-04-2023.
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