The Commissioner Of Wealth Tax vs Punalur Paper Mills Ltd on 4 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WTA.No. 2 of 2010()


1. THE COMMISSIONER OF WEALTH TAX,
                      ...  Petitioner

                        Vs



1. PUNALUR PAPER MILLS LTD,NELLIE SENGUPTA
                       ...       Respondent

                For Petitioner  :SRI.JOSE JOSEPH, SC, FOR INCOME TAX

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :04/01/2011

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                         M.L.JOSEPH FRANCIS, JJ.
               ....................................................................
                          W.T. Appeal No.2 of 2010
               ....................................................................
                Dated this the 4th day of January, 2011.

                                      JUDGMENT

Ramachandran Nair, J.

Appeal is filed against a Company which remains defunct for

more than two decades. Whatever be the success in the appeal,

department cannot expect to recover any tax from the company.

Further, the wealth tax involved is below the limit that entitles the

department to maintain an appeal before the High Court as per

Instruction issued by the Central Board of Direct Taxes. We, therefore,

dismiss the appeal as one not maintainable.

C.N.RAMACHANDRAN NAIR
Judge

M.L.JOSEPH FRANCIS
Judge
pms