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2021 (12) TMI 1321 - HC - Income TaxDemand of Outstanding dues including taxes - respondent-Company has gone in liquidation - Company in question was in liquidation and was not in a position to pay its outstanding dues including its taxes - HELD THAT:- As per order passed in MOSER BEAR INDIA LTD. [2020 (7) TMI 760 - SC ORDER] held Official Liquidator has filed a report that the Respondent-Company (Moser Bear India Ltd.) is not financially viable and is under liquidation in proceedings pending before the National Company Law Tribunal. Even if the Appellant-Revenue were to succeed, the Official Liquidator is not in a position to pay the tax amount involved in these appeals. Indisputedly, the respondent-Company has gone in liquidation. The company in liquidation is not in a position to pay its outstanding dues including taxes. Moreover, the tax effect in the concerned appeals is just over ₹ 2,00,00,000/- (Rupees Two Crore Only). Taking overall view of the matter, we deem it appropriate to dispose of these appeals, leaving the question of law open to be decided in appropriate case. Revenue is directed to obtain instruction as to whether the Revenue would like to pursue the appeals filed by it. To await instruction, list on 16th March, 2022.
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