9911796707
TMI Blog2025 (4) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... e Petitioner in both W.Ps : Mr.Suhrith Parthasarathy For the Respondent in both W.Ps : Mr.B.Ramana Kumar, Senior Standing Counsel COMMON ORDER In these writ petitions, the petitioner has challenged the Notices dated 25.03.2021 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'IT Act'); Assessment Orders dated 29.03.2022 issued under Section 147 r/w. Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1041913337(1) 2016-17 3. The case of the petitioner is that pursuant to the Notice issued in Form No.STK 5 dated 02.08.2019 under sub-section (1) & (4) of Section 248 of the Companies Act, 2013 r/w. Rule 7 of the Companies Rules, 2016 by the Registrar of Companies, the name of the petitioner company was struck off from the Register of Companies. At the time of issuance of impugned Notice dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bay High Court while dealing with an identical issue under similar circumstances in Jitendra Chandralal Navlani & Anr. Vs. Union of India & Ors. (W.P.No.1069 of 2016 dated 08.02.2024), quashed the impugned proceedings initiated by the Department against the petitioners therein. 5. On the other hand, the learned Senior Standing Counsel for the respondent submitted that this writ petition is devoid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, to set aside the order. If at all, it was open for the petitioner herein to revive the Company and thereafter espouse the cause of the Company. As far as the independent rights of the Director under Section 179 of the Income Tax Act, 1961, is concerned, it is open for the respondent to defend itself if any proceedings are initiated under Section 179 of the Income Tax Act, 1961." 5.2. The lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve submissions, the impugned Notices dated 25.03.2021, Assessment Orders dated 29.03.2022 and Demand Notices dated 29.03.2022 passed by the respondent are quashed and the case is remanded back to the respondent to await the final order to be passed by the National Company Law Tribunal (NCLT), Chennai in C.P.No.162 of 2022. 8. This Writ Petition is disposed of with the above directions. No costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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