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Supreme Court of India · 2019-03-12

COMMISSIONER OF INCOME TAX JAIPUR vs M/S GOPAL SHRI SCRIPS PVT LTD

Citation / case number
SC 2017/6527
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX JAIPUR
Respondent
M/S GOPAL SHRI SCRIPS PVT LTD
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the Income Tax Department's appeal as infructuous based on the dissolution of the respondent company under Section 560(5) of the Companies Act, 1956. The Court established that the dissolution of a company does not automatically render an appeal against it infructuous, as the merits of the case must still be considered. Consequently, the Supreme Court set aside the High Court's order and remanded the case for a fresh decision on merits.

COMMISSIONER OF INCOME TAX JAIPUR vs M/S GOPAL SHRI SCRIPS PVT LTD · Niyam