2022 (2) TMI 754

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....ssessee of a Tax Appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 (for short, "the Act, 1961") in this High Court seeking to challenge the legality and validity of the order passed by the Income Tax Appellate Tribunal. 3 By this application, the applicant - assessee has brought to the notice of this Court few developments that have taken place after 2013 i.e. after the Tax Appeal No.875 of 2013 filed by the Revenue came to be admitted. 4 One major development that has been brought to our notice is that pending Tax Appeal referred to above could be said to have abated and become infructuous in view of the order dated 1st January 2021 (approval order) passed in the I.A. No.661 of 2020 with the I.A. No.759 of 20....

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....Thus, from the above, it appears that the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law for the time being in force, such as the authorities to whom statutory dues are owed, came to be included under Section 31 of the Code, 2016 w.e.f. 16th August 2019 by Act, 26 of 2019. 7 In such circumstances referred to above, a question would arise whether the appeal of 2013 filed by the Revenue could be said to have stood abated with the passing of the order passed by the NCLT referred to above. 8 The aforesaid question is now no longer res integra in view of the recent pronouncement of the Supreme Court in the case of Ghanshyam Mishra and Sons Private Limit....

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....fervent appeal to reserve the liberty in favour of the Revenue to invoke Section 61 of the Code, 2016 if any eventuality arises for the Revenue in future. Section 61 which Ms. Raval is talking about is with respect to the appeal and appellate authority. Section 61 provides that notwithstanding anything to the contrary contained under the Company Act, 2013, any person aggrieved by the order of the adjudicating authority may prefer an appeal before the National Company Law Tribunal. In our view, Subsection (3) of Section 61 of the Code, 2016 would be relevant. We quote Section 61 of the Code, 2016 in its entirety as under: "61. Appeal and Appellate Authority.- (1) Notwithstanding anything to the contrary contained under the Companies....