9911796707
TMI Blog2024 (5) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... edings and finalized the same u/s 153C r.w.s 144 of the Act dated 26.12.2018. Therefore, order in the case of KCJ Buildtech Pvt. Ltd. is not sustainable in the eyes of law since the said company was not in existence at that material point of time at all. The assessment proceeding, is, thus found to be not maintainable as the assessment order suffers from jurisdictional error. The order is, therefore, admittedly being issued in the name of a non-existing company which has no value in the eyes of law; in fact such irregularities vitiated the entire proceedings and therefore, the same is liable to be quashed. - Ms. Madhumita Roy, Judicial Member And Sh. Naveen Chandra, Accountant Member For the Appellant : Ms. Shilpi Jain, C.A. For the Respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. 5. CO No. 30/Del/2023 (arising out of ITA No.9643/Del/2019) for A.Y. 2012-13 is, therefore, taken as a lead case. 6. The brief facts leading to this case is this that the assessee before us filed its return of income under section 139(1) of the Act on 26.09.2012 declaring income at Rs. 5,883/-. Subsequently, a search under section 132 of the Act was carried out in the case of Anand Kumar Jain and Naresh Kumar Jain (Jain Group) on 17.12.2015, wherein various documents/books of account were found and seized. Upon examination of those seized materials, it was found that the said Anand Kumar Jain and Naresh Kumar Jain were engaged in the business of providing accommodation entries to various beneficiaries through various dummy/paper compani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as assessee s income from undisclosed sources on protective basis. It was further mentioned in the said order that substantive addition to be made in the hands of the beneficiaries. The said order was passed by the Learned AO on 26.12.2018. 8. The case of the assessee is this that the company name was struck off by the ROC on 16.01.2017 by and under application dated 06.07.2016 before the order of Learned AO and therefore, the order passed by the Learned AO is admittedly issued on non-existing company. The entire proceeding is therefore, vitiated and thus liable to be quashed. In this regard, the Learned Counsel appearing for the assessee has drawn our attention to one order passed by the same ACIT, Central Circle 26, New Delhi dated 19.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the same Assessing Officer being ACIT, Central Circle 26, New Delhi, the contents whereof is as follows: 6.3 During the course of assessment proceedings it is noticed that in the following concerns assessment proceedings are pending and following companies are struck off by Sh. Anand KumarJain and Sh. Naresh Kumar Jain out of above 53 concerns. S.No. Name of the assessee PAN 1. Ceram Sales Pvt. Ltd. AADCC0084A 2. Chandra Buildcon Pvt. Ltd. AACCC5263G 3. CVH Sea Lifes Ltd. AACCC5820B 4. Gomati Consultants Pvt. Ltd. AACCG3616M 5. Jai Maa Bhawani Overseas Pvt. Ltd. AABCJ0239L 6. JKS Impex Pvt. Ltd. AABCJ6878R 7. Karda Traders Pvt. Ltd. AADCK7802Q 8. KCJ Buildtech Pvt. Ltd. AACCK8322Q 9. M3M Traders Pvt. Ltd. AACCD3923E 10. Macro IT System ..... X X X X Extracts X X X X X X X X Extracts X X X X
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