CIT v. Express Newspapers Ltd.

DCIT, NEW DELHI vs. M/S. NDC TELECOMMUNICATIONS INDIA PVT. LTD., NEW DELHI

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2004-05 Dcit, Vs. Ndc Telecommunications Circle-18(1), India Pvt. Ltd., New Delhi. 4, Central Lane, Bengali Market, New Delhi. Pan: Aaacn2219C (Appellant) (Respondent) Assessee By : Shri Salil Kapoor & Ms Ananya Kapoor, Advocates Revenue By : Shri B.P. Singh, Sr.Dr Date Of Hearing : 15.10.2018 Date Of Pronouncement: 16.10.2018 Order Per R.K. Panda, Am: This Appeal By The Revenue Is Directed Against The Order Dated 25Th February, 2015 Of The Cit(A)-6,Delhi Relating To Assessment Year 2004-05. 2. The Only Effective Ground Raised By The Revenue Reads As Under:- “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A) Was Justified In Holding That Reassessment Cannot Be Made In The Case Of A Dissolved Company Even For The Year In Which The Company Was Existing.” 3. The Facts Of The Case In Brief Are That The Assessee Is A Company & Filed Its Return Of Income On 31St October, 2004 Declaring Loss Of Rs.11,08,72,956/-. The Assessing Officer Completed Assessment U/S 143(3) On 29Th September, 2006 Determining The Loss At Rs.8,78,79,819/-. Thereafter, Notice U/S 148 Dated 28Th March, 2011 Was Issued To The Assessee. The Assessee, In Response To The Statutory Notices, Appeared Before The Assessing Officer & Filed Various Details As Called For. The Assessing Officer Completed The Assessment Determining The Loss At Rs.7,27,32,900/-.

…ing person. The assessment made long after a company was struck off from the register of the companies is not valid.” The aforesaid decision of the Hon’ble Madras high Court has been affirmed by the Hon’ble Supreme Court in CIT Vs. Express Newspapers Limited [53 ITR 250 (SC)]. 4.4 In Hewlett Packard India (P) Ltd Vs. ACIT (ITA No. 4016/Del/05) (ITAT Delhi) the Hon’ble Delhi Tribunal has held that no order can be passed on a non existing company. While passing the said order, the Hon’ble Tribunal referred to its earlier decision in the case of Impsat (P) Ltd Vs. ITO (91 ITD 354) (Del) wherein it was held that “ex…

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

…al referred to decision of the Supreme Court in Commissioner of Income Tax, Madras versus Express ITA Nos. 601/2011 & 602/2011 Page 6 of 23 Newspapers Limited, (1964) 53 ITR 250 (SC) in support of their reasoning and findings. Assessment Year 1990-91 10. In the period relevant to the Assessment Year 1990-91, the assessee had sold factory land and the building of the paper division. In this appeal, we are not concerned with the sale consideration received and taxation of land, as the land is not a depreciable…

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

…cision of the Supreme Court in Commissioner of Income Tax, Madras versus Express 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 6 of 23 Newspapers Limited, (1964) 53 ITR 250 (SC) in support of their reasoning and findings. Assessment Year 1990-91 10. In the period relevant to the Assessment Year 1990-91, the assessee had sold factory land and the building of the paper division. In this appeal, we are not concerned with the sale consideration received and taxation of land, as the land is not a depreciable…

CIT vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

…cision of the Supreme Court in Commissioner of Income Tax, Madras versus Express 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 6 of 23 Newspapers Limited, (1964) 53 ITR 250 (SC) in support of their reasoning and findings. Assessment Year 1990-91 10. In the period relevant to the Assessment Year 1990-91, the assessee had sold factory land and the building of the paper division. In this appeal, we are not concerned with the sale consideration received and taxation of land, as the land is not a depreciable…

ITA Nos. 601/2011 & 602/2011 vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD.

The appeals are disposed of

…cision of the Supreme Court in Commissioner of Income Tax, Madras versus Express 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 6 of 23 Newspapers Limited, (1964) 53 ITR 250 (SC) in support of their reasoning and findings. Assessment Year 1990-91 10. In the period relevant to the Assessment Year 1990-91, the assessee had sold factory land and the building of the paper division. In this appeal, we are not concerned with the sale consideration received and taxation of land, as the land is not a depreciable…