9911796707
TMI Blog2021 (10) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... m the register of Companies and it was dissolved from that date and the intimation about the same was also given to the Income Tax Officer. Despite the aforesaid, notice u/s 148 of the Act for the reassessment proceedings was issued by the AO on 29.03.2018 when the company was no longer in existence and was dissolved by the orders of the Registrar of the Companies. Thus on the date of issuance of notice u/s 148 of the Act, assessee was no longer in existence. As in the case of Spice Infotainment Ltd. [ 2011 (8) TMI 544 - DELHI HIGH COURT] has held that the assessment in the name of company which has been amalgamated with another company and stood dissolved to be null and void and the assessment framed in the name of a non-existent comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l No.03/12/2019 dismissed the appeal of the assessee. Aggrieved by the order of CIT(A), assessee is now in appeal before us and has raised the following grounds: 1. That the Learned CIT(A) has grossly erred both in law and on facts in sustaining an assessment under section 147/144 of the Act at an income of ₹ 33,27,228/-. 2. That the Learned CIT(A) has further erred both in law and on facts in sustaining the initiation of proceedings under section 147 of the Act, as the instant reassessment proceedings were without satisfying the statutory preconditions for initiation of the proceedings (as the approval so recorded by high authority was non speaking) and, completion of assessment under the Act. 2.1 That further, the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee - appellant and as such, proper opportunity should have been accorded by learned CIT (A) to the assessee - appellant for explaining its case, which he had failed to do. 4. That the Learned CIT(A) has further erred both in law and on facts in sustaining an addition of a sum of ₹ 33,27,228/- (which is also factually wrong figure) under section 68 of the Act on account of alleged deposit in bank account, which addition is contrary to material available on record and based on conjectures and suspicion and needs to be deleted, as such. 4.1 That in doing so, the findings so recorded by learned CIT (A) are without consideration of written submissions so filed by the assessee - appellant, wherein, it was categoricall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In support of his aforesaid contention, he placed reliance on the decision in the case of National Thermal Power Co. Ltd. vs. CIT reported in 229 ITR 383 and Jute Corporation of India Ltd. vs. CIT reported in 187 ITR 688 (SC). He therefore submitted that the additional ground of appeal be admitted and appropriate order be passed in the interest of rendering substantial justice. On the issue of admissibility of additional ground, the Learned DR strongly objected to the plea for admission of additional ground. 6. Having heard the rival submissions and considering the submissions made by the Learned AR and following the decision of Hon ble Apex Court in the case of National Thermal Power Co. Ltd. (supra), I am of the view that the additiona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strar of the Companies which is placed at Page 3 of the paper book. He thereafter pointed to the notice issued u/s 148 of the Act dated 29.03.2018 by the Assessing Officer for initiating the reassessment proceedings the copy of which is placed at Page 1 of the paper book. Learned AR thus pointed to the fact that on the date of issuance of notice u/s 148 of the Act i.e. on 29.03.2018, the assessee company was no longer in existence as it was already dissolved on 19.01.2017 and therefore the assessment framed on a non-existent entity was void-ab-initio. He submitted that the dissolution of the assessee company was brought to the knowledge of the Department by Registrar of companies. He thereafter relying on the decision of Hon ble Delhi High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee under the provisions of Section 560 of the Act had made an application on 09.07.2016 before the Registrar of Companies for getting its name struck off from the Register of Companies and its dissolution. The intimation of the receipt of application was issued in the Gazette for publication and its copy was also sent to the Chief Commissioner of Income-tax. Thereafter on 19.01.2017, the name of the assessee was struck from the register of Companies and it was dissolved from that date and the intimation about the same was also given to the Income Tax Officer. Despite the aforesaid, notice u/s 148 of the Act for the reassessment proceedings was issued by the AO on 29.03.2018 when the company was no longer in existence and was dissolved b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
