The Income Tax Office, TDS-4, GANDHIDHAM V. M/s. Trisuns Chemicals Inds. Ltd., GANDHIDHAM

ITA 89/RJT/2013

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8901 (ITAT-RAJKOT)
• Duration Of Justice: 10 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-01-2024
• Assessment Year: 1997-1998
• Appeal Filed On: 10-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Liquidation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (Conducted through E-Court at Ahmedabad) BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER & SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER I .T .A . N o .8 9 / R j t/2 0 1 3 ( A s se ss m e nt Y e a r : 19 97- 9 8 ) I n c o m e Ta x O f f ic e r , TD S- 4, G a nd h id ha m V s.M/ s . Tr is u n s C h e m i ca l s In ds . L td ., Sh ed- 2 5 & 3 8, S e c t o r - 2 , K . S .E .Z ., G a n d hid ha m ( K u t c h ) [ P A N N o . A A A C T7 09 6N ] (Appellant) .. (Respondent) Appellant by : Shri Shramdeep Sinha, CIT DR Respondent by: None D a t e of H ea r i ng 30.01.2024 D a t e of P r o no u n ce me nt 31.01.2024 O R D E R PER SIDDHARTHA NAUTIYAL, JM: This appeal has been filed by the Revenue against the order passed by the Ld. Commissioner of Income Tax (Appeals)-II, (in short “Ld. CIT(A)”), Rajkot in Appeal No. CIT(A)-II/Rjt/0014/11-12, vide order dated 24.01.2013 passed for Assessment Year 1997-98. 2. In this case, it has been brought to the notice of the Bench that the Hon’ble High Court of Gujarat vide order dated 13.03.2013 had directed the assessee company to be wound up. The official liquidator attached to the High Court was appointed as official liquidator of the assessee company. The Ld. D.R. produced copy of the High Court for ready reference. Before us, the Ld. D.R. submitted that the current status of the liquidation proceedings are not ascertainable as of now. ITA No.89/Rjt/2013 ITO vs. M/s. Trisuns Chemicals Inds. Ltd. Asst.Year –1997-98 - 2 - 3. In the light of the above, since the proceedings are now pending with the official liquidator appointed by the High Court of Gujarat, the appeal of the Department is dismissed as infructuous. However, in the event the liquidation process is not concluded successfully, the Department would be at liberty to again approach ITAT to again take up this issue in appeal before us. 4. In the result, the appeal of the Department is dismissed. This Order pronounced in Open Court on 31/01/2024 Sd/- Sd/- (ANNAPURNA GUPTA) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 31/01/2024 TANMAY, Sr. PS TRUE COPY आदेश क त ल प अ े षत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं धत आयकर आय ु त / Concerned CIT 4. आयकर आय ु त(अपील) / The CIT(A)- 5. वभागीय त न ध, आयकर अपील!य अ धकरण, राजोकट / DR, ITAT, Rajkot 6. गाड' फाईल / Guard file. आदेशान ु सार/ BY ORDER, उप/सहायक पंजीकार Dy./Asstt.Registrar) आयकर अपील य अ धकरण, राजोकट / ITAT, Rajkot 1. Date of dictation 31.01.2024 2. Date on which the typed draft is placed before the Dictating Member 31.01.2024 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S 31.01.2024 5. Date on which the fair order is placed before the Dictating Member for pronouncement .01.2024 6. Date on which the fair order comes back to the Sr.P.S./P.S 31.01.2024 7. Date on which the file goes to the Bench Clerk 31.01.2024 8. Date on which the file goes to the Head Clerk.......................................... 9. The date on which the file goes to the Assistant Registrar for signature on the order.......................... 10. Date of Despatch of the Order..........................................