Supreme Court - Daily Orders
The Commissioner Of Income Tax vs Moser Baer India Ltd. on 23 October, 2019
Bench: A.M. Khanwilkar, Dinesh Maheshwari
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4703 OF 2014
THE COMMISSIONER OF INCOME TAX- DELHI III Appellant(s)
VERSUS
MOSER BAER INDIA LTD. Respondent(s)
O R D E R
Learned counsel for the appellant, on instructions, in terms of Circular dated 22.08.2019 bearing No. F. No.390/Misc./116/2017-JC issued by the Department of Revenue, Ministry of Finance, seeks permission to withdraw this appeal along with pending applications therein due to low tax effect.
Permission granted, subject to just exceptions. The appeal and pending applications are dismissed as withdrawn, leaving question of law open.
…...................J (A.M. KHANWILKAR) …...................J Signature Not Verified Digitally signed by (DINESH MAHESHWARI) DEEPAK SINGH Date: 2019.10.24 17:29:14 IST Reason: New Delhi October 23, 2019 2 ITEM NO.102 COURT NO.8 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). 4703/2014 THE COMMISSIONER OF INCOME TAX Appellant(s) VERSUS MOSER BAER INDIA LTD. Respondent(s) ([ AT TOP ] IA No. 2/2009 - PERMISSION TO FILE ANNEXURES) WITH C.A. No. 4705/2014 (XIV-A) C.A. No. 4704/2014 (XIV-A) Date : 23-10-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mrs. Pinky Anand, ASG Mr. K. Radhakrishnan, Sr. adv. Mr. Dhruv Agarwal, Sr. Adv. Mr. H. Raghavendra Rao, Adv. Mrs. Anil Katiyar, AOR For Respondent(s) Ms. Kavita Jha, AOR Mr. Vaibhav Kulkarni, Adv. Mr. Udit Naresh, Adv.
UPON hearing the counsel the Court made the following O R D E R C.A. No. 4703/2014 The appeal and pending applications are dismissed as withdrawn, leaving question of law open in terms of the signed order.3
C.A. No. 4705/2014 & C.A. No. 4704/2014 Learned counsel for the respondent submits that liquidation proceedings qua respondent are pending before the High Court in which Official Liquidator has been appointed.
Hence, issue notice to the Official Liquidator, returnable within six weeks.
Dasti, in addition, is permitted.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file ]