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2021 (10) TMI 68 - AT - Income TaxValidity of Reopening of assessment u/s 147 - notice to company as no longer in existence and was dissolved by the orders of the Registrar of the Companies - whether curable defect u/s 292B? - HELD THAT:- Assessee under the provisions of Section 560 of the Act had made an application on 09.07.2016 before the Registrar of Companies for getting its name struck off from the Register of Companies and its dissolution. The intimation of the receipt of application was issued in the Gazette for publication and its copy was also sent to the Chief Commissioner of Income-tax. Thereafter on 19.01.2017, the name of the assessee was struck from the register of Companies and it was dissolved from that date and the intimation about the same was also given to the Income Tax Officer. Despite the aforesaid, notice u/s 148 of the Act for the reassessment proceedings was issued by the AO on 29.03.2018 when the company was no longer in existence and was dissolved by the orders of the Registrar of the Companies. Thus on the date of issuance of notice u/s 148 of the Act, assessee was no longer in existence. As in the case of Spice Infotainment Ltd. [2011 (8) TMI 544 - DELHI HIGH COURT] has held that the assessment in the name of company which has been amalgamated with another company and stood dissolved to be null and void and the assessment framed in the name of a non-existent company to be a jurisdictional defect which could not be cured under Section 292B of the Act. - Decided in favour of assessee.
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