Navrartan Vanijya Pvt. Ltd. vs. ITO, Ward-6(3), Kolkata

Parties Involved

Facts Summary

The appeals were filed by Navrartan Vanijya Pvt. Ltd. against the orders of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi. The assessee company was incorporated on 16.07.2009 and was struck off by the Registrar of Companies w.e.f. 16.08.2013. The notice u/s. 148 of the Act was issued on 29.03.2017. The assessee argued that it did not receive any notice as the company was no longer in existence. This fact was not presented before the Assessing Officer or the ld. CIT(A). The Tribunal considered this as fresh evidence going to the root of the assessment.…

Legal Issues

• 1. Validity of assessment proceedings after the company was struck off by the Registrar of Companies.
• 2. Penalty proceedings u/s. 271(1)(c) of the Act.

Judgment Outcome

Decided in favour of Assessee.

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