DCIT, NEW DELHI vs. M/S. NDC TELECOMMUNICATIONS INDIA PVT. LTD., NEW DELHI
ITA 3011/DEL/2015[2004-05]Status: DisposedITAT Delhi16 Oct 2018AY 2004-05
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/-.
For Appellant: Shri Salil Kapoor &For Respondent: Shri B.P. Singh, Sr.DR
Section 139(1)Section 143(1)Section 143(3)Section 147Section 148
…d 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 “existence of the person sought to be taxed at the point of making the assessment is a condition for the validity of the assessment”. 4.5 In Modi Corp Ltd Vs. JCIT (ITA No. 211/Del/2001) (ITAT Delhi) The Hon’ble Tribunal has observed as under: “In view of the legal position as laid down in the aforesaid decisions, i…
