INCOME TAX OFFICER WARD 6(2)(1), MUMBAI, INCOME TAX OFFICE, MUMBAI vs. ESSAR POWER JAMNAGAR LIMITED, MUMBAI
ITA 2463/MUM/2024[2011-12]Status: DisposedITAT Mumbai19 Nov 2024AY 2011-12
Bench: Shri Anikesh Banerjee & Shri Girish Agrawalassessment Year: 2011-12 Income Tax Officer, Essar Power Jamnagar Ltd., Ward 6(2)(1), 11, Essar House, K.K. Marg, Vs. Mumbai Mahalaxmi, Mumbai – 400 034 (Pan : Aabce8921G) (Assessee) (Respondent) Present For: Assessee : Shri Vijay Mehta, Ca Revenue : Shri Biswanath Das, Cit, Dr Date Of Hearing : 05.09.2024 Date Of Pronouncement : 19.11.2024 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1062839468(1), Dated 18.03.2024 Passed Against The Assessment Order By Income Tax Officer, Ward – 6(2)(4), U/S. 144 R.W.S. 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.03.2016 For Assessment Year 2011-12. 2. Grounds Taken By The Revenue Are Reproduced As Under: "1. Whether On The Facts & In The Circumstances Of The Case, The Ld. Citia) Was Justified In Declaring The Assessment Order Passed As Nullity Without Considering The Fact That The Assessee Was In Existence When The Transactions Were Made? 2. "Whether On The Facts & Circumstances Of The Case, The Ld. Citia) Was Justified In Treating The Assessment Proceedings As Without Jurisdiction, Without Considering The Fact That The Reference Can Be Made For Revival Of Companies From The Date Of Strike Off, As Per The Instruction By The Cbdt Vide Letter Dated 29.12.2017?
For Appellant: Shri Vijay Mehta, CAFor Respondent: Shri Biswanath Das, CIT, DR
Section 144Section 148Section 560
…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2011-12 Income Tax Officer, Essar Power Jamnagar Ltd., Ward 6(2)(1), 11, Essar House, K.K. Marg, Vs. Mumbai Mahalaxmi, Mumbai – 400 034 (PAN : AABCE8921G) (Assessee) (Respondent) Present for: Assessee : Shri Vijay Mehta, CA Revenue : Shri Biswanath Das, CIT, DR Date of Hearing : 05.09.2024 Date of Pronouncement : 19.11.2024 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the Revenue is against the order of Ld. CIT(A), National Faceles…