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1.assessment order/directions of the Ld. DRP are null and void as the same have been made on non-existent entity as on the date of issuance of orders/directions. The Ld. counsel submitted that the assessee stands wound up in view of its voluntarily winding up in terms of dissolution certificate dated 24/05/2013 issued by the Department of Registrar of companies and official receiver, Cyprus. incaseof discontinuance of the business, the assessee is required to inform to the Assessing Officer and also incaseof the liquidation, the liquidator of the company is required to give notice to the Assessing Officer, who is entitled to assess the income of the companythere is no such information available on recordwhether the Assessing Officer was informed about the discontinuance of the business or the liquidation process of the company. In the circumstances, we feel it appropriate to set aside the assessment passed and restore the matter to the file of the AO/TPO and direct him to verify: (i) whether the assessee informed the Registrar of companies, Cyprus or any other authorized entity of Cyprus with regard to applicability of Indian Income-tax Act, 1961 over the assessee; (ii) whether the assessee has complied with the various relevant provisions of Income Tax Act, including the provisions related to liquidation process (Section -178) or discontinuity of the business (Section 176 of the Act) and; (iii) whether the persons appearing on behalf of the assessee challenged the assessment proceeding before the Assessing Officer on the ground of non-existent entity. The assessee is also directed to produce the original certificate of dissolution or wound up of the company before the Ld. Assessing Officer, and the genuineness of which may be verified by the Ld. Assessing Officer following due procedure of law. The Ld. Assessing Officer may also verifylocus standiof the parties, who are pursuing the proceedings on behalf of the assessee company, which stands wound up. After verification, if the Assessing Officer finds that the party appearing on behalf of the wound up entity is competent to represent in accordance with provision of law, then he may decide the objections raised challenging the validity of making assessment on non-existent entity, in view of our above observation and in accordance with law.

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Income Tax Act, 1961—Assessment— PESAK VENTURES LTD. vs. DEPUTY CIT.[2018] 67 ITR (TRIB) 495 (ITAT-DELHI)

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