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.