MY LIFE SECURITIES PRIVATE LIMITED,NEW DELHI vs. ITO WARD 17(4), NEW DELHI

PDF · subscribers
ITA 609/DEL/2024Status: DisposedITAT Delhi22 January 2026AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the impugned assessment framed in the assessee's case is null and void in the eyes of law. The reasoning is based on the factual position that the assessment was framed against a non-existent entity, as acknowledged by the Assessing Officer himself in his assessment discussion dated 13.11.2019, where he noted the appellant's status as 'struck off' based on MCA data. The Tribunal relied on the Supreme Court decision in PCIT Vs. Maruti Suzuki (2019) 416 ITR 613 (SC) to conclude that an assessment framed against a non-existent entity is legally invalid. Consequently, the assessment order was quashed. All other pleadings between the parties were rendered academic.

What were the facts?

The assessee, My Life Securities Pvt. Ltd., has filed an appeal for assessment year 2012-13 against the order of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi. The impugned order was passed under section 147 read with section 144 of the Income-tax Act, 1961. The core issue revolves around the validity of the assessment proceedings, particularly concerning the assessee's status as a struck-off entity. The Assessing Officer's assessment discussion dated 13.11.2019 acknowledged the appellant's status as 'struck off' based on MCA data and also noted the assessee as a non-filer since assessment year 2010-11.

What were the issues?

1. Whether the impugned assessment framed under section 147 r.w.s. 144 of the Income-tax Act, 1961, is valid when passed in the case of a non-existent entity? Assessee's contention: The assessee implicitly argues for the invalidity of the assessment by highlighting its status as a struck-off entity, which renders it non-existent. The judgment does not explicitly record the assessee's arguments beyond this factual premise. Revenue's contention: The Revenue contends that it was the assessee's duty to inform the Assessing Officer about its status as a struck-off entity. In the absence of such information, the Revenue argues that the impugned assessment should be upheld as validly framed against the assessee.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI

Before: SHRI SATBEER SINGH GODARAAND

For Respondent: Ms. Ankush Kalra, Sr. DR
Hearing: 22.01.2026Pronounced: 22.01.2026

ORDER

PER SATBEER SINGH GODARA, JM

1.

This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1058798691(1), dated 15.12.2023 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.

2.

It transpires at the outset that there arises the first and foremost issue of validity of the impugned assessment since framed in a case involving a non-existent entity herein. The Revenue vehemently argues that it was the assessee’s bounden duty to inform the learned Assessing Officer regarding its status as struck off entity and in absence thereof, we ought to uphold the impugned assessment as validly framed in its case.

3.

From a perusal of the assessment discussion dated 13.11.2019 at page 2 (para 1) that the learned Assessing Officer not only accepted the assessee as a non-filer since assessment year 2010-11 but also acknowledged appellant’s status as “struck off” going by MCA data. This being the clinching factual position, we hereby quote PCIT Vs. Maruti Suzuki (2019) 416 ITR 613 (SC) to conclude that the impugned assessment framed in the assessee’s case, who happens to be a non-existent entity, is null and void in the eyes of law. Quashed accordingly. All other remaining pleadings between the parties stand rendered academic.

4.

This assessee’s appeal is allowed. Order pronounced in the open court on 22nd January, 2026

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →