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2024 (1) TMI 845 - AT - Income TaxDismissal of appeal as assessee’s name was struck off by the Registrar of the company - Unexplained cash credit addition not decided by CIT(A) as made by the AO on the ground that the assessee has been struck off from the ROC records and even has surrendered the PAN and therefore the assessee was no longer in existence - HELD THAT:- The appeal was dismissed ex-parte without deciding the same on merit which is not correct as the first appellate authority should have decided the issue on merits. As perused the decision of M/s Dwarka Portfolio Pvt. Ltd. [2022 (5) TMI 1385 - ITAT DELHI] in which the similar issue has been decided in favour of the assessee by the Co-ordinate Bench by holding that the appeal cannot be dismissed on the ground that the assessee’s name was struck off by the Registrar of the company and the assessee cannot be treated as cancelled and non-existent for the purpose of realizing the amount due to the company and for payment or discharge of liability or obligation of the assessee. Thus we hold that the appeal has been wrongly dismissed by the CIT(A) on the ground of assessee company name being struck off from the rolls of ROC. Accordingly we restore the issue/appeal to the file of CIT(A) with the direction to decide the same on merit.
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