Held that the assessee had made an application before the Registrar of Companies for getting its name struck off from the Register of Companies and its dissolution and on January 9, 2017, the name of the assessee was struck from the register of companies and it was dissolved from that date and the intimation was also given to the ITO. Thus on March 29, 2018 the date of issuance of notice under section 148 of the Act, the assessee was no longer in existence. The notice was invalid and the consequential order passed was also void ab initio. (AY. 2011-12)
S. M. Buildtech Pvt. Ltd. v ITO (2021) 91 ITR 42 (SN) (SMC) (Delhi)(Trib.)
S. 148 : Reassessment-Notice-Name struck off from register of companies and dissolved with intimation to assessing officer-on date of notice of reassessment, assessee no longer in existence-notice and consequential order invalid. [S. 144, 147]