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2021 (4) TMI 479

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..... ELD THAT:- Provisions contained under section 238 of the Code are having an overriding effect over all other Central and State statutes including Income-tax Act as held by Hon'ble Supreme Court in case of PCIT vs. Monnet Ispat and Energy Ltd.[ 2018 (8) TMI 1775 - SC ORDER ] In view of the matter, section 238 of the Code will have overriding effect over all other Central and State statut .....

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..... ion supported with an order passed by Hon'ble Supreme Court in Civil Appeal No. 4704 of 2014 order dated July 21, 2020 in assessee's own case brought to the notice of the Bench that National Company Law Tribunal (NCLT) vide order dated 20.09.2018 has passed directions for liquidation of the assessee company by appointing Shri Anil Kohli, Resolution Professional as Liquidator under section .....

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..... x effect in the concerned appeals is just over ₹ 2,00,00,000/- (Rupees Two Crore Only). Taking overall view of the matter, we deem it appropriate to dispose of these appeals, leaving the question of law open, to be decided in appropriate case. Ordered accordingly. 3. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upo .....

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..... aims including claim of the Income-tax Department under the Income-tax Act, 1961 shall be entertained by the Official Liquidator u/s. 53(1) of the Code. Keeping in view all these facts, ld. AR for the assessee stated at Bar that he does not press this appeal and same may be dismissed as withdrawn. Consequently, present appeal is dismissed as withdrawn having been become infructuous. Order prono .....

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