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2016 (7) TMI 578 - AT - Income TaxValidity of reopening of assessment against defunct company - Held that:- Admittedly assessee had not given information to AO in terms of section 176 of the I.T. Act when it had applied to ROC on 29.12.2003. However, when the notice u/s 148 was issued on 24.3.2006, then vide its reply dated 5.4.2006 this fact was specifically brought to the notice of AO, as is evident from the contents of the letter, reproduced earlier. It is well settled law that no assessment order can be passed on a defunct company. Therefore, the assessment order passed by AO was non est in the eyes of law. Under such circumstances, restore this matter to the file of ld. CIT(A) for providing an opportunity to assessee to produce authentic evidence to show the date of dissolution of the assessee company. In case ld. CIT(A), after perusing the documents filed by assessee, gets satisfied about the authenticity of the documents, then the assessment order passed will stand quashed. - Decided in favour of assessee for statistical purposes.
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