M/S Coastal Energy Pvt Ltd v. The Asst Commissioner Of

2025:MHC:54

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN & M.P.No.1 of 2011 M/s. Coastal Energy Pvt Ltd., 5 Buhari Buildings, Moores Road, Thousand Lights, Chennai - 600 006.

.. Appellant The Assistant Commissioner of Income Tax, Company Circle I(3), Chennai - 600 034.

.. Respondent Prayer : Appeal filed under Section 260A of the Income Tax Act, 1961 against order of the Income Tax Appellate Tribunal 'B' Bench, Chennai dated 13.07.2011 in I.T.A.No.2099/Mds/2010.

For Appellant :

Mr.R.Venkatanarayanan for M/s.Subbaraya Aiyar Padmanaban For Respondent :

No appearance

JUDGMENT

(Delivered by Dr. ANITA SUMANTH.,J) This is a matter relating to an order passed under the Income Tax Act, 1961, for assessment year (AY) 2006-07.

2.There is no appearance for the respondent.

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3.Learned counsel for the petitioner reports no instructions but states that, as noticed from the portal, the assessee company was the subject matter of proceedings before the National Company Law Tribunal, Chennai (NCLT) in IA/81/CHE/2021 in IBA/624/2019 along with IA/318/CHE/2021 in IBA/624/2019. Vide order dated 27.08.2021, the NCLT has allowed the aforesaid applications and has appointed a liquidator.

4.We are unaware of the status of the proceedings before the NCLT. Since three years have elapsed, it is expected that necessary claims would have been filed by the Income Tax Department before the liquidator. It is hence unnecessary for us to keep this Tax Case (Appeal) pending any further.

5.Recording the above, this Tax Case Appeal is closed returning the substantial questions of law unanswered. No costs. Connected miscellaneous petition is closed.

[A.S.M., J] [G.A.M., J] Index:Yes/No 14.11.2024 Speaking order 2/4

To The Assistant Commissioner of Income Tax, Company Circle I(3), Chennai - 600 034.

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DR. ANITA SUMANTH.,J.

and G. ARUL MURUGAN.,J.

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