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2022 (3) TMI 1520 - HC - Income TaxAssessment against company in liquidation - liquidation in proceedings pending before the National Company Law Tribunal - HELD THAT:- As respondent company Moser Baer India Ltd. is not financially viable and is in liquidation before NCLT. The order also makes it clear that even if the Revenue were to succeed, the Official Liquidator would not be in a position to pay the tax amount involved in these appeals. Thus, even if the appellant-department succeeds in the present appeal, there would be no fructifying effect as the respondent company, which is under liquidation, would not be able to discharge its debts and tax liability through the liquidator. The courts are already overburdened. . There is no purpose of flogging a dead horse. Thus, we are of the view that there is no purpose in keeping this matter alive. Hence, in view of peculiar facts and circumstances, report filed by the department and the order passed by the Apex Court in [2020 (7) TMI 760 - SC ORDER], we dispose of the present appeal
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