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TMI Blog2021 (10) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee had received commission/brokerage amounting to Rs. 33,27,228/-, but it had not filed its return of income. Therefore notice u/s 148 of the Act was issued and served on the assessee on 29.03.2018. AO noted that in response to the notice issued u/s 148 of the Act, neither assessee attended the assessment proceedings nor filed any return of income. He therefore on the basis of information available in Form 26AS noted that assessee had received Rs. 33,27,228/- as commission/brokerage which he considered to be unexplained cash credit in the assessment framed u/s 144 r.w.s 147 of the Act vide order dated 13.11.2018. Aggrieved by the order of AO, assessee carried the matter before the CIT(A), who vide order dated 03.12.2019 in Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tant appeal. 3.1 That the Learned CIT(A) has ignored various judicial rulings, wherein it has been held that section 250(6) makes it obligatory for the CIT (A) to pass a speaking order deciding the points raised in appeal, stating his reasons for the decision, whereas, Learned CIT(A) has not considered any of the grounds so raised by the assessee - appellant and has also recorded findings which are contrary to material available on record, as last two notices issued by learned CIT (A) were duly complied by assessee - appellant. 3.2 That the Learned CIT(A) has further failed to appreciate the fact that the reason for non compliance before the assessing officer was family/ personal dispute between the directors of the assessee - appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d entity/ non - existent entity, as the assessee company was struck off from ROC records and was dissolved prior to the issuance of notice under section 148 of the Act." 5. With respect to the admission of additional ground, it is submitted that in the additional ground, assessee is challenging the validity of the notice issued u/s 148 of the Act as the notice was issued on non-existent entity. Learned AR submitted that the issue raised in the additional ground is a legal issue and it goes to the root of the matter. He submitted that since all the material facts relevant to the legal issue are already on record and the issue being a legal issue, it can be raised at any time before the Tribunal. In support of his aforesaid contention, he p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pointed to the intimation letter dated 18.07.2016 issued by the Assistant Registrar of Registrar of Companies which is placed at Page 3 of the paper book. He submitted that the aforesaid intimation was also sent by the Registrar of Companies to the office of Chief Commissioner of Income-tax. He submitted that thereafter vide order dated 19.01.2017 issued by Government of India, Ministry of Corporate Affairs and pursuant to the provision of Section 560(5) of the Act, the name of assessee was struck off from the Register of the Companies and same was also intimated to the Income Tax Officer by the Registrar of Companies. He pointed to the copy of the aforesaid letter issued by the Assistant Registrar of the Companies which is placed at Page 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of assessee more so when the information about its striking off was intimated by the Registrar of Companies to the concerned authorities. 8. Learned DR on the other hand supported the order of lower authorities and submitted that assessee had received commission and brokerage of Rs. 33.27 lakhs and despite having such income it had not filed its return of income and when the Revenue/Department proceeded to bring to tax such income, it had suo moto applied to the Registrar of Companies for getting its name struck off. He thus supported the order of lower authorities. 9. I heard the rival submissions and perused the materials available on record. It is an undisputed fact that assessee under the provisions of Section 560 of the Act ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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