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2023 (4) TMI 1167 - AT - Income TaxMaintainability of the appeal against company as dissolved - assessee company does not exist anymore in the eye of law and the Official Liquidator has discharged his duties and relieved as OL - Revenue relied on case of CIT vs. M/s. Gopal Shri Scrips Pvt. Ltd. [2019 (3) TMI 743 - SC ORDER] wherein it was held that proceedings can be initiated and continued even after strike off of names of companies remain - also in Dwearka Portfolio Pvt. Ltd. [2022 (5) TMI 1385 - ITAT DELHI] ruled that even if the company has been struck off from the register of Companies, an appeal filed by it against the revenue does not become ineffective or infructous and is maintainable HELD THAT:- The revenue in the present Misc. Application quoting the cases above which are in the nature of cases the “company name has been struck off from the register of Companies” under section 560(5) of the Companies Act, 1956. But in the present case of the assessee here in, the Hon’ble High Court of Gujarat dissolved assessee company under section 481 of the Companies Act. Therefore in the present Misc. Application, citing new of the Judgments on the ground of “striking off the name of the company and consequence thereon” will not be applicable to the facts of the present case. Thus the Revenue is re-arguing the appeal with new grounds and case laws, which is not permitted, since the Appellate Tribunal u/s. 254 of the Act, do not have the power to review his own order. Therefore the Present Misc. Application filed by the Revenue is hereby dismissed.
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