COMFUND CONSULTING LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE
What did the Tribunal hold?
The Tribunal restored the issues to the Assessing Officer (AO) to take an appropriate decision on the outstanding demand, considering the dissolution of the assessee company by the NCLT.
What were the facts?
The assessee company was challenging an addition of Rs. 45.69 crores. Subsequently, the National Company Law Tribunal (NCLT) ordered the dissolution of the assessee company, noting it had no assets.
What were the issues?
Whether the addition made by the AO is sustainable in light of the subsequent dissolution of the assessee company by the NCLT.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A’’BENCH: BANGALORE
Before: SHRI B. R. BASKARAN & SMT. BEENA PILLAI
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The assessee has filed this appeal challenging the order dated 19.6.2017 passed by Ld. CIT(A)-2, Bengaluru and it relates to the assessment year 1993-94. The assessee is challenging the decision of Ld CIT(A) in confirming the addition of Rs.45.69 crores made by the AO u/s 41(1) of the Income-tax Act,1961 ['the Act' for short].
At the time of hearing, the Ld. A.R. submitted that the assessee company has since been disallowed by the order dated 3.12.2021 passed by National Company Law Tribunal, Bengaluru
M/s. Comfund Consulting Ltd., Bangalore Benches (NCLT) in IA No.114 of 2021 in CP(IB) No.202/BB/2020. The Ld. A.R. submitted that the Income Tax Department was a party in the committee of creditors formed by NCLT. He submitted that the NCLT has recorded the fact that the assessee company does not have any asset. Accordingly, the Ld. A.R. submitted that outstanding dues cannot be recovered by the department as the assessee company has been dissolved. The Ld A.R further submitted that the assessee herein is a public limited company and hence the provisions of sec.179 are also not applicable to it. Accordingly, he submitted that the demands raised by the income tax department shall become infructuous and accordingly prayed for allowing the appeal of the assessee on the above discussed reasons.
The Ld. D.R. submitted that the A.O. was not aware of the order passed by National Company Law Tribunal and accordingly, he prayed that all the matters may be restored to his file for dealing with them in accordance with law.
Having heard the rival submissions, we find merit in the contentions of the Ld. D.R. Accordingly, we restore all the issues contested by the assessee in the present appeal and also the fact of dissolution of the assessee company by NCLT, which was brought to our notice by Ld. A.R., to the file of the A.O., so that he could take appropriate decision on the outstanding demand in accordance with law.
M/s. Comfund Consulting Ltd., Bangalore Page 3 of 3
More judgments on Section 41(1)
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 328/AGR/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 327/AGR/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 326/AGR/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- ACIT-Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 325/AGR/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Morlidhar B Vamdote, Bardoli vs ITO, Ward-1, BardoliITA 1174/SRT/2025[2017-18]Status: Disposed1 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Sukant Kumar vs. Union Of INDIA And 6 OthersAllahabad · 21 Oct 2026