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2022 (11) TMI 1298 - AT - Income TaxValidity of assessment against company non existent - assessee company stands dissolved by NLCT - HELD THAT - In the present case before us, the admitted facts are that the assessee company is dissolved and there is no successor for assessee company, SBQ Steels Ltd., in our view, no proceedings shall be continued against the assessee company because it is nonexistent as on date. In term of the above, we dismiss these appeals of Revenue as infructuous.
Issues:
1. Appeals by Revenue challenging orders of Commissioner of Income Tax (Appeals) 2. Dissolution of the company by National Company Law Tribunal (NCLT) and its implications on ongoing proceedings Issue 1: Appeals by Revenue challenging orders of Commissioner of Income Tax (Appeals) The judgment pertains to six appeals by the Revenue against three different orders of the Commissioner of Income Tax (Appeals)-18, Chennai. These appeals arose from assessments framed by the ACIT, Central Circle 2(3), Chennai for the assessment years 2008-09 to 2013-14 under section 143(3) read with section 153A of the Income Tax Act, 1961. The appeals were filed challenging the orders dated 05.10.2017, 13.10.2017, and 22.11.2017. The ld.AR for the assessee argued that the company in question had been dissolved by the NCLT, rendering the appeals infructuous. The ld.CIT-DR, however, relied on the decision of the Hon'ble Supreme Court in M/s. Lovely Exports (P) Ltd. v. CIT, 216 ITR 195, to support the addition in the hands of the investing company as unexplained investment. The Tribunal considered the dissolution of the company and the absence of a successor, leading to the dismissal of the Revenue's appeals as infructuous. Issue 2: Dissolution of the company by National Company Law Tribunal (NCLT) and its implications on ongoing proceedings The NCLT had dissolved the company in question, SBQ Steels Limited, based on the liquidation of its assets. The liquidator had applied for dissolution under section 54 of the Insolvency and Bankruptcy Code, 2016, which was granted by the NCLT. The ld.AR for the assessee argued that once a company is dissolved by the NCLT, ongoing proceedings cannot continue. The Tribunal noted the detailed proceedings leading to the liquidation and dissolution of the company, emphasizing that with the company being non-existent, no proceedings could be pursued against it. The Tribunal highlighted the provisions of section 179 of the Income Tax Act, which deal with the liability of directors of private companies for unpaid taxes. However, it was established that the provisions of section 179 were not applicable to the directors of SBQ Steels Limited as it was a public company and not converted into a private company. Consequently, the Tribunal dismissed the Revenue's appeals, recognizing the dissolution of the company and the absence of any legal basis to continue the proceedings against it. In conclusion, the judgment addressed the appeals by the Revenue challenging the orders of the Commissioner of Income Tax (Appeals) and the implications of the company's dissolution by the NCLT on ongoing proceedings. The Tribunal found that with the company dissolved and no successor in place, the appeals by the Revenue were rendered infructuous. The detailed analysis of the dissolution process and the legal provisions governing the liability of directors provided a comprehensive understanding of the decision to dismiss the appeals.
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