ACIT, Delhi Vs. Cardio Technovention
Parties Involved
Facts Summary
This Revenue’s appeal for assessment year 2010-11, arises against the Commissioner of Income Tax (Appeals) [in short, the 'CIT(A)'], Delhi’s-31 DIN and order no. ITBA/APL/S/250/2024-25/1072247332(1), dated 16.01.2025 involving proceedings under section 143(3) r.w.s. 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). The learned CIT(A) has quashed the impugned assessment framed by the learned Assessing Officer dated 26.12.2016. The assessee firm was dissolved on April 1, 2014, and the notice under Section 148 was issued on March 31, 2016, to a non-existent entity. The Revenue argues that it was the assessee’s burden to inform the Assessing Officer regarding its dissolution, but the assessee’s authorized person had already highlighted the dissolution during the survey.…
Decision in favour of
Assessee
Legal Issues
- 1. Validity of the notice issued under Section 148 to a dissolved entity
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
11 precedents cited in this judgement.
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