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2025 (3) TMI 877 - HC - Income TaxValidity of reassessment proceedings against dissolved partnership firm - HELD THAT - AO has issued the impugned notice u/s 148A (b) in the name of partnership firm as well as passed the order u/s 148A (d) in the name of the said firm which has already been dissolved with effect from 01.04.2017. In view of such undisputed fact about the dissolution of the partnership firm and issuance of the notice for reassessment in name of dissolved firm the impugned notice and order would not be tenable more particularly when the petitioner in the reply to the show cause notice issued u/s 148A (b) has provided all the information including dissolution deed before the respondent AO. In view of the settled legal position as held in case of Maruti Suzuki Limited 2019 (7) TMI 1449 - SUPREME COURT the impugned notice and the order are required to be quashed and set aside. Decided in favour of assessee.
1. ISSUES PRESENTED and CONSIDERED
The core legal issues considered in this judgment include: - Whether the issuance of a notice under section 148A(b) of the Income Tax Act, 1961, and the order under section 148A(d) in the name of a dissolved partnership firm was valid. - Whether the petitioner, having taken over the business as a sole proprietor, was correctly assessed for the transactions under the PAN of the erstwhile partnership firm. - The applicability of legal precedents regarding the issuance of notices to non-existent entities. 2. ISSUE-WISE DETAILED ANALYSIS Issuance of Notice to a Dissolved Partnership Firm - Relevant legal framework and precedents: The case primarily revolves around the provisions of sections 148A(b) and 148A(d) of the Income Tax Act, 1961, which deal with the issuance of notices for reassessment. The precedent set by the Supreme Court in the case of Commissioner of Income Tax, New Delhi v. Maruti Suzuki India Limited was crucial, as it addressed the validity of notices issued to non-existent entities. - Court's interpretation and reasoning: The Court noted that the partnership firm, M/s. AMC Corporation, was dissolved effective 01.04.2017, and the business was continued by the petitioner as a sole proprietor. The Court interpreted that issuing a notice to a non-existent entity was not tenable, especially when the petitioner had provided all necessary information regarding the dissolution. - Key evidence and findings: The petitioner had submitted evidence including the dissolution deed, audited financial statements, and tax audit reports, which demonstrated that the business was carried out under the petitioner's proprietorship after the dissolution of the partnership firm. - Application of law to facts: The Court applied the legal principle that notices cannot be validly issued to non-existent entities, as established in the Maruti Suzuki case. The Court found that the notice and order under section 148A were incorrectly issued in the name of the dissolved firm. - Treatment of competing arguments: The respondents argued that the petitioner failed to disclose the dissolution before the notice was issued and that the PAN of the partnership firm was not surrendered. However, the Court found that the petitioner had indeed provided sufficient information regarding the dissolution and that the issuance of notice was still improper. - Conclusions: The Court concluded that the notice and order were invalid as they were issued to a non-existent entity, and thus, the reassessment proceedings were not tenable. 3. SIGNIFICANT HOLDINGS - Preserve verbatim quotes of crucial legal reasoning: The Court stated, "In view of such undisputed fact about the dissolution of the partnership firm and issuance of the notice for reassessment in name of dissolved firm, the impugned notice and order would not be tenable more particularly, when the petitioner in the reply to the show cause notice issued under section 148A (b) of the Act has provided all the information including dissolution deed before the respondent Assessing Officer." - Core principles established: The judgment reinforces the principle that tax notices cannot be validly issued to entities that no longer exist, and that proper procedural steps must be taken to ensure that notices are issued to the correct legal entity. - Final determinations on each issue: The Court quashed and set aside the notice and order dated 31.03.2022, allowing for the possibility of initiating proceedings against the petitioner under the correct legal framework if necessary. The rule was made absolute to the extent of quashing the impugned notice and order, with no orders as to costs.
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