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TMI Blog2019 (12) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner. Proceedings u/s 264 maintainability - where subsequent events have ensured that the entire tax demand including the amount offered to tax by the petitioner and the demand of tax payable thereon has been satisfied by the company pursuant to an order of this Court there can be no further demand on the petitioner. R1, as revisional authority, is certainly empowered, under the provisions of the Act, to consider such requests balancing the interests of the assessee as well as the Income Tax Department to ensure that the proper and appropriate of demand is satisfied and no more. - Writ Petition Nos.14126 & 14127 of 2010 And M.P.Nos.1 & 1 of 2010 - - - Dated:- 6-11-2019 - Dr. Justice Anita Sumanth For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lows: '4. Considering the facts and circumstances of the case and taking note of the report of the Official Liquidator, this Company application is ordered permitting the Official Liquidator to pay the capital gains tax of ₹ 1,47,78,955/- for the assessment year 2001-2002; to make an appeal before the Income Tax Department to waive the penalties imposed by them and to engage the services of M/s.Sarathy Vasu, Chartered Accountants for moving the above mentioned appeal by paying professional fees of ₹ 15,000/- to them from and out of the funds to the credit of the Company in liquidation.' 3. The order of assessment passed in the hands of RPS Benefit Fund Ltd. represented by the Officia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his premise is in itself incorrect, for the reason that the petitioner, had not remitted the admitted tax prior to filing of appeal leading to the dismissal of the same in limine as not maintainable. Thus the filing of the revision application before the Commissioner is proper and there is no flaw in that regard. The second question raised is whether, having filed a return admitting certain income, the petitioner can go back on her return. 6. I am of the view that in the facts and circumstances of the case, where subsequent events have ensured that the entire tax demand including the amount offered to tax by the petitioner and the demand of tax payable thereon has been satisfied by the company pursuant to an order of this C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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