| Court: | ITAT, F bench, Shri Saktijit Dey (Vice President), Shri N. K. Billaiya (Accountant Member) |
| Head Notes: | The assessee, Ultima Realtors Pvt. Ltd., a company whose name was struck off by the Registrar of Companies filed an appeal against the order of the CIT(A) for AY 2014–15. The CIT(A) dismissed the appeal as “not maintainable,” stating that the company’s name had been struck off and therefore could not file an appeal. However, the ITAT noted that the real issue was that the assessment order itself was passed by the AO in the name of a non-existent company, since the company’s name had been struck off from the records by the Register of Companies on 23.06.2018, while the reassessment notice under section 148 was issued later on 31.03.2021. The Tribunal held that both the notice and the reassessment order were void ab initio, as they were issued on a non-existing entity, and that the CIT(A) had erred in dismissing the appeal without adjudicating other grounds. Since a dissolved company cannot be subjected to reassessment proceedings, the ITAT annulled the reassessment order and allowed the appeal in full |
| Law: | Income-Tax Act |
| Section(s): | 2(31) and 248 of the Company's Act |
| Counsel(s): | Assessee: Shri Pradip Kapasi, Revenue: Ms. Kavita Kaushik, Sr. DR |
| Dowload Pdf File | Click here to download the file in pdf format |
| Uploaded By | Anonymous |
| Date of upload: | November 24, 2025 |
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