ITTA/263/2012 of COMMR OF INCOME TAX-I, HYDERABAD Vs AP GAS POWER CORP LTD., HYDERABAD on 1 December 2025

[ 348e ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

MONDAY, THE FIRST DAY OF DECEMBER

TWO THOTJSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE P.SAM KOSHY

AND

THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO

INCOME TAX TRIBUNAL APPEAL NO: 263 OF 2012

Appeal under section 260-A of the Income Tax Act 1961, against the order dated 31.10.2008 in LT.A.No. 663/H/07 on the file of the lncome-Tax Appellate Tribunal, Bench 'B', Hyderabad for the Assessment year 1999-2000

Between:

Commissioner Of lncome Tax-1, Hyderabad

...AP PE LLANT

AND

AP Gas Power

Hyderabad.

Corporation Ltd., My Home Sarovar Secretariat Road,

...RESPONDENT

Counsel for the Appellant: SRl. B. SAPNA REDDY (SENIOR SC INCOME TAX)

Counsel for the Respondent: M/S INDUS LAW FIRM

The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

'IIIF] HONOTJITABLE SRI JUSTICE P.SAM KOSHY

AND

.I'HE ITONOURABLE SRI JUSTICE

SUDDALA CI{ALAPATHI RAO

01.12.2025

Betrveen:

The Commissioner of lncome Tax-[,

Hyderabad

...Appellant

AND

A.P.Gas Power Corporation Ltd.,

My Home Sarovar, Secretariat Road,

Hyderabad.

...Respondent

ORDER, (per Hon'ble Sri Justice P.Sam Koshy)

Heard Ms. B.Sapna Reddy, learned Senior Standing Counsel for the lncome Tax Department for the appellant and perused the record.

2.

The instant is an appeal preferred by the Revenue assailing the order passed by the Income Tax Appellate Trib{nal I

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I'I'TA No.263 OF 2012

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l.T.A.No.663/tV07 dated 31.10.2008 for the assessment year 1999- 2000, wherein the said appeal preferred by the Revenue was dismissed confirming the order passed by the Commissioner of lncome Tax (Appeals) dated 26.03.2007 .

3.

The appeal is pending consideration before the Tribunal since 2012. On the previous date of hearing, leamed counsel representing the respondent assessee informed the Court that the before the National Company Law Tribunal (NCLT), Hyderabad where the company petition was registered cP(rB)

No.l27l9lHBDl2025.

4.

Today, when the matter is taken up for hearing, leamed Senior Standing Counsel for the Income Tax Department subrnits that she has got it confirmed so far as initiation of the company petition before the NCLT is concemed. However, there has not been much progress made. Nonetheless, the matter admittedly is pending consideration before the NCLT, Hyderabad.

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respondent company has already initiated insolvency proceedings w

5.

In view of the same, we do not find any good reason why the instant appeal should be kept pending. The appellant/Income Tax Department is permitted to raise their respective claims before the concemed company petition pending before'the NCLT and if NCLT would take appropriate note of the said claim, if any, raised by the Income 'Iax Department, nonetheless, we reserve the right of the Department to move an appropriate petition for reviving the appeal in the event if the respondent-assessee withdraws the company petition rnidrvay without resolution plan being approved by the NCLT.

6.

With the aforesaid observation and direction, the present appeal stands disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

//TRUE COPY//

Sd/. R. KARTHIKEYAN

JOINT REGISTRAR

SEC

ICER

To

1. The lncome-Tax Appellate Tribunal, Bench ,B', Hyderabad.

2. One CC to sRt. B. sApNA REDDY (SENtoR si lNcoME TAX) Advocate IoPUCI

3. One CC to SRt. M/S TNDUS LAW F|RM Advocate [OPUC]

4. Two CD Copies

Pr,/DL

M/

W,I

HIGH COURT

DATED: 0111212025