Mr.dinesh Kothari v. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income Tax Officer
High Court
15 Nov 2024 In favour of: Unclear
Forum / Bench
High Court · hc_cis_mas
Parties
Mr.dinesh Kothari v. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income Tax Officer
Date of order
15 Nov 2024
Assessment year(s)
2018-2019
Outcome
Other
The order — as passed by the High Court
Case summary
In Mr.dinesh Kothari v. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income Tax Officer, the High Court (2024) decided the matter under Section 144, Section 147 of the Income-tax Act.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
W.P.No.27191 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2024
CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.27191 of 2021
andW.M.P.Nos.28689 and 28690 of 2021
J.R.Foods Limited,
Represented by its Director
Mr.Dinesh Kothari... Petitioner
Vs.
1.The Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer,
National E Assessment Centre,
Delhi.
2.The Assistant Commissioner of Income Tax,
Circle 1 Puducherry,
Puducherry (UT).... Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records pertaining to the Impugned Assessment Order dated 23.09.2021 bearing DIN: ITBA/AST/S/147/2021-2022/1035821348(1), purportedly passed under Section 147 read with Section 144 read with Section 144B of the Income Tax Act, 1961 for the Assessment Year 2018-2019, by the 1[st] respondent and quash the same.
For Petitioner: No appearanceFor Respondents: Mrs.S.Premalatha
Junior Standing Counsel
ORDER
There is no representation on behalf of the petitioner.
2. It appears that the petitioner Company has been liquidated under the
provisions of the Insolvency Bankruptcy Code (IBC), 2016.
3. The rights of the Income Tax Department now will be subject to the proceedings under the Insolvency Bankruptcy Code (IBC), 2016.
4. Under these circumstances, the proceedings have to be closed.
5. Therefore, this Writ Petition is closed leaving open for the Income Tax
Department to workout the remedy before the Forum under the provisions of the Insolvency Bankruptcy Code (IBC), 2016. No costs. Connected Writ Miscellaneous Petitions are also closed.
15.11.2024
Index : Yes/No
Internet : Yes/NoSpeaking Order/Non-Speaking OrderNeutral Citation : Yes/No
arb
To
1.The Additional/Joint/Deputy/Assistant
Commissioner of Income Tax/Income
Tax Officer,
National E Assessment Centre,
Delhi.
2.The Assistant Commissioner of Income Tax,
Circle 1 Puducherry,
Puducherry (UT).
W.P.No.27191 of 2021
C.SARAVANAN, J.
arb
W.P.No.27191 of 2021
andW.M.P.Nos.28689 and 28690 of 2021
15.11.2024
https://www.mhc.tn.gov.in/judis____________Page No. 4 of 4
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