TERAS STEELS PRIVATE LIMITED (EARLIER KNOWN AS M/S. ACCIL STEELS PVT. LTD.),NEW DELHI vs. DCIT CENTRAL CIRCLE-29, NEW DELHI

PDF · subscribers
ITA 3810/DEL/2023Status: DisposedITAT Delhi13 March 2025AY 2016-17Bench: SHRI PRADIP KUMAR KEDIA (Accountant Member), SHRI SUDHIR KUMAR (Judicial Member)3 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 reassessment proceedings initiated under Section 147 read with Section 148 of the Income-tax Act, 1961, were void ab initio. The reasoning was that the assessee company's name was struck off from the records of the Registrar of Companies on 29.04.2015. The notice for reopening the assessment under Section 148 was issued on 30.03.2017, which was significantly after the company had ceased to exist. The assessee had also duly intimated this fact to the Assessing Officer on 27.10.2015 and again on 19.05.2017. Furthermore, information obtained under the RTI Act indicated that the Income Tax Department was aware of the company's non-existence and had initiated proceedings for its restoration. Therefore, a valid notice could not have been issued to a non-existent entity. The Tribunal concluded that the entire reassessment proceedings deserved to be quashed. The grounds raised for AY 2010-11 were allowed, and this decision was to apply mutatis mutandis to AY 2011-12.

What were the facts?

The assessee, Creative Financial Services Pvt. Ltd., is in appeal against the order of the National Faceless Appeal Centre (NFAC), Delhi. The appeals pertain to Assessment Years (AYs) 2010-11 and 2011-12. The orders under challenge stem from reassessment proceedings initiated by the Assessing Officer (AO) under Section 147 read with Section 144 of the Income-tax Act, 1961. The AO passed assessment orders dated 28.06.2024 for AY 2010-11 and 24.12.2018 for AY 2011-12. Crucially, the assessee company's name was struck off from the records of the Registrar of Companies (ROC) on 29.04.2015, prior to the issuance of the notice for reopening assessment under Section 148 of the Act on 30.03.2017. The assessee had informed the AO about the company being struck off on 27.10.2015 and again on 19.05.2017.

What were the issues?

1. Whether the reassessment proceedings initiated under Section 147 read with Section 148 of the Income-tax Act, 1961, are valid when the assessee company's name was struck off from the records of the Registrar of Companies prior to the issuance of the notice for reopening? Assessee's Contention: The assessee argued that the reassessment proceedings are void ab initio because the notice under Section 148 was issued after the company had ceased to exist, having been struck off by the ROC. The assessee had duly informed the AO of this fact. Evidence was placed on record, including information obtained under the Right to Information Act, indicating that the Income Tax Department had initiated a process for the restoration of the company's name, suggesting awareness of its non-existence at the time of issuing the notice. Revenue's Contention: The judgment does not record any specific contentions made by the revenue on this issue.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC”: NEW DELHI

Before: SHRI M. BALAGANESH

For Appellant: Shri S. C. Garg, CA
For Respondent: Shri Sanjay Kumar, Sr. DR
Hearing: 13/02/2025

O R D E R

1.

The appeals in & 3807/Del/2024 for AYs 2010-11 and 2011-12 arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] dated 29.03.2024 against the order of assessment passed u/s 147 r.w.s. 144 of the Income-tax Act, 1961 dated 28.06.2024 for AY 2010-11 and 24.12.2018 for AY 2011-12 (hereinafter referred to as ‘the Act’) by NFAC (hereinafter referred to as ‘ld. AO’).

2.

Identical issues are involved in all these appeals and hence they are taken up together and disposed of by this common order for the sake of convenience. The fact relevant for AY 2010-11 are taken up for adjudication and the decision rendered thereon shall apply mutatis mutandis for AY 2011-12 also except with variance in figures.

3.

Though the assessee has raised several grounds before us challenging the validity of reassessment on law as well as on merits, I find the crucial issue to be decided in the instant case is as to whether in assessment per se could be & 3807/Del/2024 Creative Financial Services Pvt. Ltd framed in the hands of the assessee in the facts and circumstances of the instant case.

4.

I have heard the rival submissions and perused the material available on record. At the outset, I find that name of the assessee company was struck off in terms of Section 560 of the Companies Act, 1956 on 29.04.2015 itself. The statutory Form FTE was filed by the assessee before the Registrar of Companies (ROC). The evidence in this regard is enclosed in pages 76 to 82 of the Paper Book. For AY 2010-11, the assessee has already filed return of income on 11.10.2010 declaring total income of Rs. 36,311/-. The assessee had filed the return together with the audited financial statements and computation of total income. The assessment was sought to be reopened by the ld AO vide issuance of notice u/s 148 of the Act dated 30.03.2017 which is after the date of striking off of the assessee company from the records of ROC. The assessee vide letter dated 19.05.2017 informed the ld AO that the assessee company have been struck off by the ROC which fact was already intimated to the ld AO on 27.10.2015. The assessee also placed on record the evidence in this regard which is enclosed at page 89 of the Paper Book. Despite this fact, the ld AO proceeded to continue with the reassessment proceedings in the hands of the assessee. Further, the assessee also sought information under Right to Information Act (RTI). An order u/s 7 of the RTI Act, 2005 stood passed on 12.02.2018 addressed to Shri Suresh Garg, last Director of the assessee company, wherein, the ld Central Public Information Officer (CPIO) had categorically agreed that after the issuance of notice u/s 148 of the Act, the Income Tax Department had initiated the process of filing of appeal before the National Company Law Tribunal (in short NCLT), New Delhi for restoration of the name of the company. The order passed u/s 7 of the RTI Act on 12.02.2018 is enclosed in pages 105 and 106 of the Paper Book, from the perusal of which, it is very clear that as on date of recording of reasons by the ld AO, the assessee company was not in existence at all and therefore, no valid notice could have Page | 2 & 3807/Del/2024 Creative Financial Services Pvt. Ltd been issued on the assessee u/s 148 of the Act. As stated supra, the fact of assessee company being struck off from the records of ROC had already been intimated to the ld AO on 27.10.2015 itself. Despite that intimation, the ld AO had proceeded to issue notice u/s 148 of the Act on 30.03.2017 on a non- existent company. Hence, I have no hesitation to conclude that the entire reassessment proceedings deserves to be quashed as void ab initio. Accordingly, grounds raised for AY 2010-11 are allowed.

5.

In the result, both the appeals of the assessee are allowed.

Order pronounced in the open court on 21/03/2025.

More judgments on Section 147

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

Recent GST High Court judgments

Search GST case law →