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M/s. PVP Ventures Limited Versus The Income Tax Officer, Corporate Ward -1 (1) , Chennai

2016 (7) TMI 969 - MADRAS HIGH COURT

Reopning of assessment - dissolution/strike off of the petitioner company - Held that:- The respondent called for documentary evidence in connection with the dissolution of M/s.AGS, names and addresses of the directors at the time of filing of application for dissolution/strike off and also copy of the notice dated 24.2.2014 claimed to have been sent to the Chief Commissioner of Income Tax. In such circumstances, it is appropriate for the petitioner to produce the documents before the respondent .....

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d clarify all issues, on which, clarifications have been sought and produce documentary evidence called for. - Writ Petition No. 24894 of 2016 & WMP. No. 21264 of 2016 - Dated:- 19-7-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr.R.Sivaraman For the Respondent : Mr.Arunkurian Joseph for Mr.T.Ravikumar ORDER Heard Mr.R.Sivaraman, learned counsel for the petitioner and Mr.Arunkurian Joseph, learned counsel appearing on behalf of the respondent. 2. The petitioner has challenged a notice issued .....

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ice of the notice dated 16.3.2016, a return of their income in the prescribed form for the said assessment year. The notice dated 16.3.2016, though addressed to M/s.AGS, has been served on the petitioner on the ground that the petitioner is the holding company. 3. The petitioner would state that they were compelled to receive the said notice dated 16.3.2016 and immediately they sent a letter dated 6.5.2016 pointing out that M/s.AGS has been dissolved/struck off the register on 24.3.2014 under Se .....

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f Commissioner of Income Tax vide notice dated 24.2.2014. Thereafter, M/s.AGS stood dissolved with effect from 24.3.2014. Hence, the issue of a notice under Section 148 of the Act dated 16.3.2016 in the name of a non existent person is invalid and the petitioner requested the respondent to drop the proceedings initiated under Section 148 of the Act. 4. On receipt of the reply, the respondent sent another communication dated 10.6.2016, addressed to the Principal Officer of the petitioner, describ .....

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ed that M/s.AGS is still an assessee in respect of the assessment year 2009-10 and that every director, manager or other officer, who were nominated by the holding company, are continuing and are being enforceable as if M/s.AGS has not been dissolved. 5. The petitioner was further directed to produce all documentary evidence in connection with dissolution/strike off, give names and addresses of the directors at the time of filing of application for dissolution/strike off; and furnish the copy of .....

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ded that the impugned orders are wholly illegal as they had been issued to a non existent company, which has been struck off the register of the Registrar of Companies and that in spite of having intimated the same to the respondent, the respondent issued the impugned notices and in the light of the fact that the petitioner challenged the impugned proceedings as if they are without jurisdiction, the petitioner has not complied with the procedure required to be followed as pointed out by the Supr .....

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partment pointed out that after the petitioner sent their reply dated 6.5.2016, the impugned communication dated 10.6.2016 has been sent to the petitioner asking them to clarify as to how the dissolution/strike off under Section 560(3) of the Companies Act, 1956 bars the initiation of re-assessment proceedings for the assessment year 2009-10 relating to the period prior to dissolution/strike off. 9. After hearing the parties, this Court is of the view that the impugned proceedings dated 10.6.201 .....

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riate for the petitioner to produce the documents before the respondent. 10. The learned counsel for the petitioner relied upon an interim order passed by the Hon'ble Division Bench of the Bombay High Court in W.P. No.1069 of 2016 dated 8.6.2016 wherein the Bombay High Court granted an interim stay of an assessment order made on a non existent entity. 11. On a perusal of the said order of the Hon'ble Division Bench of the Bombay High Court, it is seen that they have observed that normall .....

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r is to interdict a legal proceedings at the instance of the respondent even at the threshold. The impugned notice dated 10.6.2016 seeks certain clarifications from the petitioner and admittedly, such clarifications relate to the assessment year 2009-10, which is prior to the dissolution/strike off. Therefore, in my opinion, the petitioner should appear before the respondent and clarify all issues, on which, clarifications have been sought and produce documentary evidence called for. 13. The app .....

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