9911796707
TMI Blog2024 (5) TMI 1469X X X X Extracts X X X X X X X X Extracts X X X X ..... e CIT(A) for captioned assessment years as tabulated below: Sr. No. ITA/CO Nos. Appeal /Cross Objection by A.Y. Pr.CIT Order dated Assessment Order dated Remarks 1. ITA No.375/Del/2022 Revenue 2012-13 CIT(A)-29, New Delhi order dated 09.12.2021 Assessment order dated 26.12.2018 Assessment Order under section 153C/144 of the Income Tax Act, 1961. 2 ITA No.376/Del/2022 Revenue 2013-14 CIT(A)-29, New Delhi order dated 09.12.2021 Assessment order dated 26.12.2018 Assessment Order under section 153C/144of the Income Tax Act, 1961. 3. ITA No.377/Del/2022 Revenue 2014-15 CIT(A)-29, New Delhi order dated 09.12.2021 Assessment order dated 26.12.2018 Assessment Order under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support of Cross Objection filed by the assessee submitted that the name of the company got struck off from the Register of Members maintained by the Ministry of Corporate Affairs, Government of India (MCA) w.e.f. 19.01.2017. The company master data and company information showing 'strike off' against the company status on the record of MCA was placed on record. 2.1 With reference to such document, the ld. counsel submitted that in pursuance of Section 560(5) of the Companies Act, 1956, the name of the assessee, Zeus Impex Pvt. Ltd., has been struck off from the Register and consequently the said company is dissolved w.e.f. 19.01.2017. The ld. counsel pointed out that this fact was also made available before the CIT(A) as recorded in para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no interference with the order of the CIT(A) on merits is called for. 3. The ld. CIT-DR for the Revenue, on the other hand, submitted that the AO was never informed at any stage towards the fact of winding up/strike off. The assessee-company initiated voluntary winding up process and obtained voluntary strike off from the master data to escape the clutches of revenue and forthcoming income tax proceedings owing to search carried out under Section 132 of the Act in the case of Anand Kumar Jain and Naresh Kumar Jain (Jain Brothers) where the large scale business of providing accommodation entries to various beneficiaries through various dummy / paper companies / firms including assessee company controlled and managed by Jain Brothers to prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e proceedings can be initiated against the assessee-company only when recourse to the revival of the company is taken by the Revenue in accordance with law, substantially affected by such action of the assessee. Paradoxically, the appeal before the Tribunal arises from the first appellate order passed under Section 250 of the Act which, in turn, is based upon incompetent appeal memo signed by a 'former' Director. It is not shown as to how such former director has derived authority in law to pursue appeal before CIT(A) on behalf of a 'struck off' company. The entire first appellate proceedings is thus vitiated and rendered non-est. The captioned appeals before Tribunal arising from the first appellate order passed thus appear to be without s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
