Supreme Court - Daily Orders
Commissioner Of Income Tax vs Moser Baer India Ltd. on 21 July, 2020
Bench: A.M. Khanwilkar, Dinesh Maheshwari, Sanjiv Khanna
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4705 OF 2014
COMMISSIONER OF INCOME TAX Appellant(s)
VERSUS
MOSER BEAR INDIA LTD. Respondent(s)
WITH
CIVIL APPEAL NO. 4704 OF 2014
O R D E R
The Official Liquidator has filed a report that the Respondent-Company (Moser Bear India Ltd.) is not financially viable and is under liquidation in proceedings pending before the National Company Law Tribunal. Even if the Appellant-Revenue were to succeed, the Official Liquidator is not in a position to pay the tax amount involved in these appeals.
Indisputedly, the respondent-Company has gone in liquidation. The Company in liquidation is not in a position to pay its outstanding dues including taxes. Signature Not Verified Digitally signed by Moreover, the tax effect in the concerned appeals is just DEEPAK SINGH Date: 2020.07.23 14:52:42 IST Reason: over Rs.2,00,00,000/-(Rupees Two Crore Only). 2 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.
Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (DINESH MAHESHWARI) …...................J (SANJIV KHANNA) New Delhi July 21, 2020 3 ITEM NO.103 Virtual Court 3 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 4705/2014 COMMISSIONER OF INCOME TAX Appellant(s) VERSUS MOSER BAER INDIA LTD. Respondent(s) ([ AT TOP ]]MR. DEVENDRA SINGH , ADVOCATE HAS FILED VAKALATNAMA /APPEARANCE ON BEHALF OF OFFICIAL LIQUIDATOR. ) WITH C.A. No. 4704/2014 (XIV-A) Date : 21-07-2020 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJIV KHANNA For Appellant(s) Mr. N. Venkataraman, Ld. ASG Mr. Arijit Prasad, Sr. Adv. Mr. O.P. Shukla, Adv.
Mrs. Anil Katiyar, AOR For Respondent(s) Ms. Kavita Jha, AOR For Official Liquidator Mr. Sanchar Anand, Adv.
Mr. Devendra Singh, AOR UPON hearing the counsel the Court made the following O R D E R The Civil Appeals are disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]