Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
4. Normally we would not have entertained a petition as an alternative
remedy to file an appeal is available to the petitioners. However, prima facie, the
impugned notice has been issued in respect of a non existing entity as M/s. Addler
Security Systems Pvt. Ltd., which stands dissolved, having been struck off the
Rolls of the Registrar of Companies much before its issue. Consequently, the
assessment has been framed also in respect of the nonexisting entity. This defect
in issuing a reopening notice to a non-existing company and framing an
assessment consequent thereto is a issue which goes to the root of the jurisdiction
of the Assessing Officer to assess the non-existing company. Thus, prima facie,
both the impugned notice dated 24th March, 2015 and the Assessment Order
dated 28th March, 2016, are without jurisdiction.