SUMATI G GUPTA SECURITIES PRIVATE LIMITED,MUMBAI vs. INCOME TAX OFFICER - 13(2)(1), MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRYAssessment Year: 2012-13
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Assessee against the order dated 20.01.2025, impugned herein, passed by the National
Faceless Appeal Center (NFAC) (in short Ld. Commissioner) u/s 250
of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2012-
13. 2. At the outset it is observed that there is delay 114 days in filing of instant appeal. The assessee by filling application for condonation of delay, along with duly sworn affidavit, has demonstrated the reason for the delay to effect that the assessee company was dissolved and struck off from the Register of the Companies with effect from 31.08.2016. However subsequently the Sumati G Gupta Securities Private Limited
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case of the assessee was reopened u/s 147 of the Act by issuing a notice dated 28.03.2019 u/s 148 of the Act, which resulted into passing the Assessment Order dated 18.12.2019 u/s 144 r.w.s. 147
of the Act and making the addition of Rs.3,87,673 u/s 68 of the Act being undisclosed income.
The Assessee challenged the said addition along with reopening of the proceeding as well as Assessment Order, by filing the first appeal before Ld. Commissioner. Though, the assessee has mentioned to E-mail ID as G_L_Gupta@hotmail.com , however, the Id. Commissioner sent the notices at the email id i.e. Jsandco@gmail.com, which was not provided in Form no. 35, which resulted into noncompliance by the Assessee and passing of the impugned order as ex-parte.
The assessee came to know about the passing of the order, on receiving the penalty show cause dated 26.05.2025 u/s 271
(1)(c) r.w.s. 274 of the Act only and thereafter the assessee immediately on 14.07.2025, filed the instant appeal, however with delay of 114 days and thus, the assessee is praying for Condonation of Delay.
The Id. DR though refuted the claim of the assessee but not the factual aspect mentioned above.
Considering the peculiar facts and circumstances mentioned above and the reason stated by the Assessee for non-appearance duly supported duly with duly sworn affidavit, as bonafide, unintentional and reasonable, the delay is condoned.
Coming to the merits of the case, as observed above because of not sending the notice by the Ld. Commissioner at the email Sumati G Gupta Securities Private Limited
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address provided by the Assessee in Form-35, the Assessee could not receive the notices and therefore made no compliance. It is a fact that issue involved also remained to be adjudicated in its rights perspective and proper manner, specifically in the absence of relevant documents and submissions and it is also a fact that the company has already been struck off, therefore this Court deem it appropriate to remand the instant case to the file of the Assessing
Officer to consider such aspect and decide the case accordingly but within 6 months from today.
Thus, the case is accordingly remanded to the file of JAO for decision afresh in the above terms.
Both the parties also relied on contrary judgments on the issue qua fate of strike off company, as this court has already remanded the case to the file of the Assessing Officer, hence, deem it appropriate, not to delve into the controversy.
In the result, appeal filed by the Assessee stands allowed for statistical purposes in the above terms. Order pronounced in the open court on 08.10.2025. (NARENDER KUMAR CHOUDHRY)
JUDICIAL MEMBER
* Disha Raut, Stenographer
Copy to: The Appellant
The Respondent
The CIT, Concerned, Mumbai
The DR Concerned Bench
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By Order
Dy/Asstt.