M/S. Binani Cement Ltd v. Commissioner Of Income Tax, Kolkata & Ors

ORDER SHEET GA 2 of 2019GA 2722 of 2019ITA 18 of 2015IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S. BINANI CEMENT LTD.VersusCOMMISSIONER OF INCOME TAX, KOLKATA & ORS. BEFORE:The Hon'ble JUSTICE I. P. MUKERJIThe Hon’ble JUSTICE MD. NIZAMUDDINDate : 07 December, 2020. Appearance :Mr. A. K. Dey, Adv.…For the Appellant Mr. S. N. Dutta, Adv.Mr. A. Ganguly, Adv.For the Respondents The Court : We have perused the averments made in paragraph22 of the petition. Paragraph 22 of the said petition is set out below : “22. The instant appeal was initiated by the appellant, theCorporate Debtor in the Resolution Plan. Pursuant to theResolution Plan being sanctioned and approved, the petitioner,now in the shoes of the appellant, does not seek to continue withthe instant appeal as no taxes remain due and payable by thepetitioner. Consequently, the position of tax status remains as perreturns filed by the Appellant.” In those circumstances, the appeal (ITA No.18 of 2015) and theconnected applications (GA No.2 of 2019, GA No. 2722 of 2019) aredisposed of by granting prayer (a) of the petition. (I.P. Mukerji, J.) (Md. Nizamuddin, J.)