Commissioner Of lncome Tax-1, Hyderabad v. AP Gas Power

Counsel for the Respondent: M/S INDUS LAW FIRM The Court made the following: ORDER i I I I I 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 I'I'TA No.263 OF 2012

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.

The instant is an appeal preferred by the Revenue assailing the order passed by the Income Tax Appellate Trib{nal I 2 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 .

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 respondent company has already initiated insolvency proceedings before the National Company Law Tribunal (NCLT), Hyderabad where the company petition was registered cP(rB) No.l27l9lHBDl2025.

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. \ I I I I I I I I I w 3

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.

The lncome-Tax Appellate Tribunal, Bench ,B', 2. One CC to sRt. B. sApNA REDDY (SENtoR si lNcoME TAX) Advocate 3. One CC to SRt. M/S TNDUS LAW F|RM Advocate [OPUC] 4. Two CD Copies Hyderabad. IoPUCI Pr,/DL M/ HIGH COURT DATED: 0111212025 ORDER ITTA.No.263 of 2012 LH J 1 o() t * ? 1 JAN 2026 :: (\ DISPOSING OF THE ITTA W,I 17,t 17