Bombay High Court
THE PR. COMMISSIONER OF INCOME TAX(CENTRAL)PUNEversusINNOVENTIVE INDUSTRIES LIMITED THROUGH THE LIQUIDATOR TRUPALKUMAR PATEL
- Decided
- Disposal
- DISPOSED OFF
Holding
The Appeals are dismissed as infructuous because the respondent company has been dissolved.
Summary
The Commissioner of Income Tax (Central), Pune appealed against Innoventive Industries Limited in Income Tax Appeals Nos. 1366/2018 and 294/2018, along with related interim applications. The respondent submitted a copy of a National Company Law Tribunal (NCLT) judgment dated 10 August 2026 showing that the company had been dissolved, and argued that the tax proceedings could not continue. The appellant indicated no objection to this submission. The Court examined the NCLT judgment and found no reason to reject the respondent's claim of dissolution. Consequently, the Court held that the tax appeals and any pending interim applications were infructuous and ordered them disposed. The orders effectively dismissed the appeals without further adjudication on the tax matters.
Issues considered
- Whether the dissolution of Innoventive Industries Limited by the NCLT renders the pending Income Tax Appeals and interim applications infructuous.
Subjects
- Income Tax
- Company dissolution
- NCLT judgment
- Infructuous proceedings
- Appeal disposal
Judgment
906 ITXA 1366-18 AND ORS-OS.DOC
Priya Soparkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 1366 OF 2018
WITH
INTERIM APPLICATION (L) NO. 22521 OF 2024
IN
INCOME TAX APPEAL NO. 1366 OF 2018
WITH
INCOME TAX APPEAL NO. 294 OF 2018
WITH
INTERIM APPLICATION (L) NO. 22698 OF 2024
IN
INCOME TAX APPEAL NO. 294 OF 2018
The Pr. Commissioner of Income Tax (Central) …Appellant
Pune.
Versus
Innoventive Industries Limited …Respondent
Mr. Ashok Kotangle with Mr. Suresh Kabra, Mr. Pranav Kulkarni
and Mr. Pravin Parghane, for the Appellant.
Mr. Saurabh Bachhawat, with Mr. Kaushik Puranik, for the
Respondent.
CORAM: SUMAN SHYAM &
Digitally
signed by
GAUTAM A. ANKHAD, JJ.
PRIYA
PRIYA
RAJESH
RAJESH
SOPARKAR
SOPARKAR Date:
DATED: 8th OCTOBER, 2026.
2026.10.08
14:45:43
+0530 PC:-
1. Mr. Saurabh Bachhawat, learned counsel appearing for the
Respondent by tendering a copy of the judgment dated 10 th
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906 ITXA 1366-18 AND ORS-OS.DOC
August, 2026 of the learned National Company Law Tribunal
(NCLT) marked “X” for identification, submits that the Respondent-
company has already been dissolved and therefore, these
proceedings would not survive any further before this Court.
2. Mr. Ashok Kotangle, learned counsel appearing for the
Appellant submits that he has no instructions to dispute the above
submissions of the Respondent’s counsel.
3. After going through the judgment of the learned NCLT
tendered by the learned counsel for the Respondent, we find no
cogent reason to reject the submission of the Respondent’s counsel.
4. Consequently, these Income Tax Appeals stand disposed of,
as infructuous.
5. Interim Applications, if any, would also stand disposed of.
(GAUTAM A. ANKHAD, J.) (SUMAN SHYAM, J.)
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