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M/S Continental Exim Limited (Through ... vs Ito Ward-6 (3), Delhi, New Delhi on 19 March, 2025
cites
Stryton Exim India P.Ltd, New Delhi vs Ito, Ward-24(2), New Delhi on 23 October, 2018
10. The Co-ordinate Bench of the Tribunal in the case of Marut Nandan
& Co. vs. ITO [2025] (2) TMI-829 has held that re-assessment noticed
issued u/s 148 of the Act in the name of the non-existent entity is clearly
vitiated and rendered nonest in law by respectfully following the ratio laid
8 ITA No.5054/Del/2024
M/s Continental Exim Limited vs. ITO
down by the Hon'ble Supreme Court in the case of CIT vs. Maruti Suzuki
has quashed the order u/s 148 of the Act.
Section 2 in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 560 in The Companies Act, 1956 [Entire Act]
Section 143 in The Income Tax Act, 1961 [Entire Act]
Impsat (P) Ltd. vs Ito on 28 July, 2004
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:-
Section 142 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Sh. Ravinder Kumar Aggarwal, New Delhi vs Ito, New Delhi on 18 March, 2019
7. With regard to the judgment in the case of Ravindra Kumar
Aggarwal vs. Income Tax Officer [2023] 146 taxmannn.com 205 (Delhi),
relying upon by CIT(A), NFAC while dismissing the appeal of the assessee
on this issue, the Ld. AR submit that the facts of the case of the assessee
are entirely different and are not applicable to the facts of the case of the
assessee. In that case, initially the company was struck off by the ROC in
the year 2017 due to default in filing statutory returns and, thereafter as
per order passed by NCLT, name of the company was restored in the
Register of Companies. However, during the interminent period notice
u/s 148 was issued for AY 2012-13. Under these circumstances, the
Hon,ble Jurisdictional High Court was of the view that the once the
company is restored, the Company is deemed to have continued its
existent as if its name was never been struck off. In the instant case, after
struck off the name of the company from the Register of the Companies,
there is no such restoration order is passed by any authority till date and
company seized to exists with effect from 09.02.2016 i.e. the day when it
was struck off from the Register of Companies. He, therefore, prayed that
the order passed u/s 147/144 of the Act as a consequence of notice
issued u/s 148 on 31st March, 2019 is bad in law and be quashed.