Jitendra Chandralal Navlani v. UOI (2024) 298 Taxman 15 (Bom.)(HC)

S. 148 : Reassessment-Notice-Dissolved company-Notice and assessment order is quashed.[S. 2(31), 143(3), 147, Art.226]

Assessing Officer issued a notice under section 148, for reopening assessment of certain company.  Assessee-director of said company pointed out that company was no longer in existence as it had been dissolved. Despite being informed of dissolution of company, Assessing Officer proceeded to pass assessment order. On writ the Court held that  once a company is dissolved, it ceases to exist in eyes of law and thereafter, it cannot be treated as a person against whom assessment proceeding can be initiated under Act. Notice issued  in case of dissolved company is  not a valid notice and consequently, assessment order passed, also quashed.  (AY. 2008-09)