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Documents citing Impsat (P) Ltd. vs Ito on 28 July, 2004

Boopenderdas (Vikash) Sungker As Ex- ... vs Dcit, Circle International ... on 6 September, 2024

"When the Assessing Officer passed the order of assessment against the respondent company, it had already been dissolved and struck off the register of the Registrar of companies under Section 560 of the Companies Act. In these circumstances, the Tribunal rightly held that there could not have been any assessment order passed against the company which was not in existence as on that date in the eyes of law it had already been dissolved. The Tribunal relied upon its earlier decision in Impsat Pvt. Ltd. Vs. ITO 276 ITR 136 (AT). We are of the opinion that the view taken by the Tribunal is perfectly valid and in accordance with law. No substantial question of law arises. "
Income Tax Appellate Tribunal - Delhi Cites 102 - Cited by 0 - Full Document

Tarachanthini Services Pvt. Ltd., ... vs Department Of Income Tax on 9 December, 2011

The petition speaks through para 2 that the Bench has incorrectly appreciated the facts of the given case and has also failed to appreciate the facts existing in the case of M/s Impsat Ltd. vs ITO. We are afraid of this attitude of the authority filing this petition which seems to be despicable and seems to be aimed at showing that the Bench is ning-nong and does not understand both facts, precedents and law. The petition, in fact, tantamounts to an appeal. We have got no power to hear appeal against our own order. Therefore, we express our displeasure on the way in which the petitions have been drafted.
Income Tax Appellate Tribunal - Chennai Cites 8 - Cited by 0 - Full Document

Computer Engineering Services India ... vs Assessee on 29 May, 2015

"When the AO passed the order of assessment against the respondent company, it has already been dissolved and struck off the register of the Registrar of companies under section 560 of the Companies Act. In these circumstances, the Tribunal rightly held that there could not have been any assessment order passed against the company which was not in existence as on that date in the eyes of law it had already been dissolved. The Tribunal relied upon its earlier decision in Impsat Pvt. Ltd. vs. ITO 276 ITR 136 (AT). We are of the opinion that the view taken by the Tribunal is perfectly valid and in accordance with law. No substantial question of law arises dismissed."
Income Tax Appellate Tribunal - Delhi Cites 36 - Cited by 0 - Full Document

M/S Continental Exim Limited (Through ... vs Ito Ward-6 (3), Delhi, New Delhi on 19 March, 2025

22. From a reading of Sub-section (7) along with Subsection 31 of Section 2 of the Income Tax Act, it becomes abundantly clear that the assessee to be assessed for income tax under Section 143 of the Income Tax Act must be a person in existence. Indisputably, a company is a juridical person but the moment it is struck off from the Register of Companies and is dissolved, it ceases to exist. Making of an assessment order against a non-existent company would be like passing a decree by a civil court against a dead person. Such order of assessment made against a non-existent entity would be nullity and would not give rise to any right or liability under such assessment order. The view we have taken is supported by a judgment of the High Court of Delhi dated 17.09.2009 passed in ITA No. 273/2009 titled Commissioner of Income Tax v. Vived Marketing Servicing Pvt. Ltd. One paragraph judgment rendered by the Delhi High Court has upheld the decision of ITAT in Impsat Pvt. Ltd. v. ITO 276 ITR 136 (AT). One paragraph judgment reads thus:-
Income Tax Appellate Tribunal - Delhi Cites 23 - Cited by 0 - Full Document

Modi Corp. Ltd. vs Joint Commissioner Of Income Tax on 24 March, 2006

In view of the legal position as laid down in the aforesaid decisions, it is clear that the assessment made in the present case in the name of M/s Calcutta Instalments Company (P) Ltd. after the date of its dissolution was not valid. The fact that this company filed a return of income is not of any consequence. The assessment is, therefore, held to be invalid and is cancelled.
Income Tax Appellate Tribunal - Delhi Cites 26 - Cited by 0 - Full Document
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