9911796707
TMI Blog2019 (3) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the Company u/s 560(5) of the Companies Act, 1956. High Court was of the view that since the respondent Company stands dissolved as a result of the order passed by the Registrar of the Companies under Section 560 (5) of the Companies Act, the appeal filed against such Company which stands dissolved does not survive for its consideration on merits. High Court was wrong in dismissing the appeal as having rendered infructuous. The High Court failed to notice Section 506(5) proviso (a) of the Companies Act and further failed to notice Chapter XV of the Income Tax Act which deals with liability in special cases and its clause (L) which deals with discontinuance of business or dissolution . The aforementioned two provisions, name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The appellant is the Union of India Income Tax Department. The respondent is the assessee in the appeal out of which this appeal arises. 5. The appellant herein filed an appeal under Section 260A of the Income Tax Act, 1961(hereinafter referred to as the Act ) in the High Court of Rajasthan (Jaipur bench) against the order dated 28.04.2000 of Income Tax Appellate Tribunal (ITAT) in ITA No 226/JP/1999. 6. By impugned order, the High Court dismissed the appeal as having rendered infructuous giving rise to filing of this appeal by way of special leave by the Income Tax Department in this Court. The impugned order reads as under: On the last date of hearing when the matter cam up before the Court on 05.07.2016, counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to allow the appeal, set aside the impugned order and remand the case to the High Court for deciding the appeal afresh on merits in accordance with law. 10. Mere perusal of the impugned order quoted supra would go to show that the High Court dismissed the appeal on the ground that it has rendered infructuous because it was brought to its notice that the name of the company the respondent-assessee has been struck off from the Register of the Company under Section 560(5) of the Companies Act, 1956. 11. In other words, the High Court was of the view that since the respondent Company stands dissolved as a result of the order passed by the Registrar of the Companies under Section 560 (5) of the Companies Act, the appeal filed against such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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