Income Tax Appellate Tribunal - Mumbai
Wandel Global Services Pvt Ltd,Mumbai vs Ito Ward 15(3)(1) Mumbai, Mumbai on 24 March, 2026
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "G", MUMBAI
BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND
SHRI ARUN KHODPIA, ACCOUNTANT MEMBER
ITA No.5762/Mum/2025
(Assessment year: 2012-13)
Wandel Global Services P. vs ITO Ward 15(3)(1)
Ltd. Aayakar Bhavan, Churchgate,
103, Gateway Plaza, Mumbai-400020
Hiranandani Gardens, Powai,
Mumbai-400076
PAN:AAACW3522G
APPELLANT RESPONDENT
Assessee by : Shri Manish Sheth, CA
Respondent by : Shri Dhiraj Kumar (Sr.AR)
Date of hearing : 17/03/2026
Date of pronouncement : 24/03/2026
ORDER
Per: Anikesh Banerjee (JM):
The instant appeal of the assessee filed against the order of the NFAC, Delhi [for brevity the "Ld. CIT(A)"], order passed under section 250 of the Income Tax Act 1961 (for brevity the 'Act') for Assessment Year 2012-13, date of order 24.07.2025. The impugned orderemanated from the order of the Ld. Income Tax Officer Ward-15(3)((2), Mumbai (for brevity the 'Ld. AO') order passed under section 144 r.w.s. 147 of the Act date of order 28.11.2019.2 ITA No.5762/Mum/2025
Wandel Global Services P. Ltd.
2. The brief facts of the case are that the assessee is a private limited company and not filed the return in impugned assessment year. The Ld. AO had got the information that the assessee had deposited cash of Rs.91 lakh in Karnataka Bank Limited during the impugned financial year. Therefore, the case was reopened u/sec. 147 of the Act and accordingly, the notice was issued on 27.03.2019 u/sec. 148 of the Act. None was appeared on behalf of the assessee and accordingly the assessment was completed u/sec. 144 of the Act with an addition of cash deposit amount of Rs.83,20,000/- and credit entries in bank to the amount of Rs.61,72,708/- which comes to total amount of Rs.1,44,92,710/-. Aggrieved assessee filed an appeal before the Ld. CIT(A). The Ld. CIT(A) upheld the impugned assessment order. Being aggrieved assessee filed an appeal before us.
3. The Ld. AR contended that the assessee is a private limited company whose name was unilaterally struck off by the Registrar of Companies under the Ministry of Corporate Affairs vide Notice No. ROC/Mum/Section 248/2017/STK-7/6 dated 18.08.2017. It was submitted that, during the impugned assessment year, the assessee had no legal existence. Accordingly, no reassessment proceedings could have been initiated against a non-existent entity, and the reassessment proceedings initiated under section 148A dated 27.03.2019 are void ab initio.
4. The Ld. AR further submitted that the aforesaid issue stands squarely covered by the decision of the Coordinate Bench of the ITAT, Mumbai (SMC Bench) in the assessee's own case in ITA No. 5874/Mum/2025 for A.Y. 2013-14, 3 ITA No.5762/Mum/2025 Wandel Global Services P. Ltd.
order dated 27.01.2026. The relevant paragraphs 5 and 6 of the said order are reproduced below:
"5. Before us, it was the contention of assessee that no re-assessment proceedings can be conducted on the assessee, as the name of assessee was already been unilaterally strike off by ROC/MCA from the register of Corporate Affairs vide its notice no. ROC-Mum/sec. 248/2017/stk-7/6 dated 18.08.2017, thus the re-assessment proceedings initiated, much later, under section 148 dated 27.03.2019 on a nonexistent assessee would be void ab-initio. Copy of aforesaid notice of ROC/MCA dated 18.08.2017 along with copy of Company Master data showing strike off are furnished before us.6. Ld. AR further placed before us the copy of CBDT Circular dated 19.12.2017 referring to para-2 of the said Circular, which is reads as under:
"2. On consideration of the matter, Board has decided that request/appeal for restoration of name of the 'struck off company with retrospective date from the date of being 'struck off shall be made by the income-tax department in following situations:
i. where proceedings under section 143(3)/144/147/153A/153C/set-aside cases were already in progress; or ii where proceedings under section 143(3)/144/147/153A/153C are contemplated in near future; or iii. where Departmental Appeals were pending; or iv. where Penalty proceedings already initiated were pending; or v. where Prosecution proceedings were initiated launched."
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"12. Further as per CBDT Circular dated 29.12.2017 the Board has directed Further 40 request/appeal for restoration of name of the 'struck off Companies under specific conditions, according to which (i) there should be certain proceedings under section 143(3)/144/147/153A/153C/set-aside cases were already in progress, or (ii) such proceedings are contemplated in the near future or (iii) the Departmental appeals were pending or (iv) where penalty proceedings are already initiated and pending or (v) where prosecution proceedings are initiated/launched. On a careful reading of the facts on record in the present case, we find that such pre-conditions are not fulfilled in the present case, also not information that the request for restoration was made by the Department cannot not help the case of revenue de hors any evidence of such request before the NCLT, in adherence to the direction as per relevant CBDT circular (supra). Further, since the name of assessee was not in existence as 4 ITA No.5762/Mum/2025 Wandel Global Services P. Ltd.
on the date when the notice under section 148 was issued for initiation of proceedings in the case of assessee, we are inclined to respectfully follow the principle laid down by Hon'ble Bombay High Court in the case of ErangalComtrade and Consultancy LLP (supra) and hold that the reopening of assessment in the name of a non-existing entity would be at nullity and the proceedingscompleted on the foundation of such invalid initiation would also be bad-in-law. Accordingly, in the present matter, the notice under section 148 and the assessment made thereafter, under section 147 are liable to be set-aside.
13. In the factual backdrop of the case, in terms of aforesaid observations, we hold that the proceedings initiated under section 148 on a non-existing entity/company was without Jurisdiction of law and the assessment passed on the basis of such notice cannot sustained in the eyes of law. Accordingly, the impugned order of Ld. CIT(A) is set aside and the impugned assessment order u/s 144 r.w.s. 147 dated 29.11.2019, stands quashed."
5. The Ld. DR argued and supported the orders of the revenue authorities.
6. We have heard the rival submissions and perused the material available on record. It is observed that the assessee's case was reopened under section 148 of the Act, and notice in this regard was issued on 27.03.2019. However, it is an undisputed fact that the name of the assessee company had already been struck off by the Registrar of Companies under the Ministry of Corporate Affairs vide Notice No. ROC-Mum/Section 248/2017/STK-7/6 dated 18.08.2017. In view of this, the assessee had ceased to exist as a legal entity on the date of issuance of notice and, therefore, was incapable of complying with the same. Respectfully following the decision of the Coordinate Bench of the ITAT, Mumbai in the assessee's own case for A.Y. 2013-14, we hold that the addition made by the Ld. AO in the case of a non-existent entity is unsustainable in law and liable to be 5 ITA No.5762/Mum/2025 Wandel Global Services P. Ltd.
deleted. Consequently, the order passed by the Ld. CIT(A) is set aside and the impugned assessment order is hereby quashed.
7. In the result, the appeal of the assessee bearing ITA No.5762/Mum/2025 is allowed.
Order pronounced in the open court on 24th day of March 2026.
Sd/- Sd/-
(ARUN KHODPIA) (ANIKESH BANERJEE)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Mumbai,िदनां क/Dated: 24/03/2026
SAUMYASr.PS
Copy of the Order forwarded to:
1. अपीलाथ /The Appellant ,
2. ितवादी/ The Respondent.
3. आयकरआयु CIT
4. िवभागीय ितिनिध, आय.अपी.अिध., मुंबई/DR, ITAT,
Mumbai
5. गाडफाइल/Guard file.
BY ORDER,
//True Copy//
(Asstt. Registrar), ITAT, MUMBAI