IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WTA.No. 2 of 2010() ------------------- WTA.15/COCH/2010 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT ---------------------------------------- THE COMMISSIONER OF WEALTH TAX, TRIVANDRUM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT ------------------------ M/S.PUNALUR PAPER MILLS LTD,NELLIE SENGUPTA SARANI,9TH FLOOR,LINDSAY TOWERS,KOLKATTA-700087. THIS WEALTH TAX APPEAL HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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