2015 (7) TMI 746

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..... nterfere with the impugned order of the ITAT. The fact that the Assessee company was under liquidation at the time the penalty proceedings was initiated, is not in dispute. It is also noted by the ITAT in the impugned order that the Assessee was not undertaking any business from the AY 1997-98 onwards. In the circumstances, the Court is not persuaded to hold that the impugned order of the ITAT giv .....

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..... g up of the Assessee company. The High Court appointed the Official Liquidator as the Provisional Liquidator of the Assessee on 14th February 2001. An ex parte penalty order was passed on 27th May 2003 by the Assessing Officer (AO) at a time when the affairs of the company were still under the control of the OL. 3. It appears that a belated appeal was filed before the Commissioner of Income Tax ( .....

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..... enalty proceedings was initiated, is not in dispute. It is also noted by the ITAT in the impugned order that the Assessee was not undertaking any business from the AY 1997-98 onwards. In the circumstances, the Court is not persuaded to hold that the impugned order of the ITAT gives rise to any substantial question of law which requires to be examined. 6. The appeal is dismissed.
Case laws, De .....

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