9911796707
TMI Blog2025 (1) TMI 809X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of strike-off. The appeal or application can be filed by the registrar, any person aggrieved by order of the Registrar or by Company, or by member or creditor or workman. But in the present case revenue has not brought on record any steps for revival of the assessee company. Therefore, notice issued in the name of dead entity will be null and void. Thus, the entire assessment proceedings are void-ab-initio and bad in law. Appeal of the assessee is allowed. - Dr. Brr Kumar, Vice President And Ms. Suchitra Kamble, Judicial Member For the Assessee : Shri Hardik Mehta, AR For the Revenue : Shri C. Dharani Nath, Sr. DR ORDER PER SUCHITRA KAMBLE, JUDICIAL MEMBER: This appeal is filed by the Assessee against order dated 26.06.2023 passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come under Section 139(1) of the Income Tax Act, 1961. The assessment for Assessment Year 2010-11 was reopened on the basis of non-filer monitoring system and as per the information it was observed that the assessee entered and made transactions of Rs. 64,70,000/- for purchase of units of Mutual Fund and also contract receipt of Rs. 1,93,929/- (26AS) aggregating to transaction of Rs. 66,63,929/- during the Financial Year 2009- 10. The assessee vide letter dated 27.07.2013, 15.10.2013 and 08.08.2016 was requested to file return of income or furnish reply/explanation for the said transactions. The assessee has not filed return of income, therefore, the Assessing Officer has reason to believe that the assessee has taxable income but not disclo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessment Order. However, vide letter dated 07.09.2017 filed on 12.09.2017 the assessee requested to transfer the case to the Income Tax Office, Bengaluru as its present address was within Bengaluru jurisdiction. Considering the request of the assessee, the assessee was requested vide letter dated 11.10.2017 to file proper application before the Assessing Officer, Bengaluru and give its consent to his territorial jurisdiction Assessing Officer for transferring its case at Bengaluru. The assessee was also requested to furnish specific details on e-mail address of the Assessing Officer provided in the notice. The assessee vide letter dated 08.10.2017 requested to provide further 15 days to provide details. The request of the assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06.09.2019 which was also reflected in the CIB information and thus there is investment shown twice. Thus, these investments in total Rs. 64,70,000/- was reduced to Rs. 40,00,000/- and treated the same as unexplained investment by the Assessing Officer. The Assessing Officer also made addition of Rs. 1,93,929/- that of undisclosed contract receipt from Vinpack India Pvt. Ltd. on which TDS of Rs. 38,786/- was deducted under Section 194C of the Act and thus this was treated as undisclosed contract receipt. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The assessee has taken additional ground of appeal thereby stating that the CIT(A) has erred in la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013. Thus, the company status currently is that of strike off company as submitted that by the Ld. AR which is prior to the issuance of the notice u/s 148 of the Income Tax Act, 1961 dated 30.03.2017. The strike off company has not been revived by the Revenue till date thus it remains a dead entity for more than 20 years. A company can get revived for a period of 20 years from the date of strike-off. The appeal or application can be filed by the registrar, any person aggrieved by order of the Registrar or by Company, or by member or creditor or workman. But in the present case revenue has not brought on record any steps for revival of the assessee company. Therefore, notice issued in the name of dead entity will be null and void. Thus, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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