2013 (12) TMI 717 - AT - Income Tax

Assessment on Dissolved Company Invalidated, Emphasizing Time Limits and Statutory Compliance

ACIT, New Delhi Versus Presto Metals Pvt. Ltd.

The Tribunal upheld the decision that the assessment on a dissolved/amalgamated company is invalid, as a dissolved company ceases to exist legally. The ... Assessment on amalgamated company - Validity - Held that:- Following IMPSAT (Pvt.) Ltd. vs ITO ITAT, Delhi 'A' Bench [2004 (7) TMI 299 - ITAT DELHI-A] - Assessment on a company which has been dissolved and struck off the register of companies u/s 560 of the Companies Act,1956, is invalid, even though the company participated in assessment proceedings- There is no provision in the IT Act to make assessment on a dissolved company-it is not a case of discontinuance of business so as to attract section 176 nor does Section 159 cure the lacuna - Once a company is dissolved it become a non existent party and therefore no action can be brought in its name - There is no provision in Income Tax Act, 1961 to make an assessment thereon - Decided against Revenue. Issues:- Validity of assessment on a dissolved/amalgamated company- Deletion of additions on merits- Initiation of proceedings on legal and factual basisValidity of assessment on a dissolved/amalgamated company:The judgment revolves around the appeals filed by the revenue against the order of Ld CIT(A) regarding the assessment on a company that had been dissolved or amalgamated. The Ld CIT(A) upheld that such an assessment is invalid. The case involved the amalgamation of the appellant company with another company, as confirmed by the Master Data of the Registrar of Companies. The Ld CIT(A) considered various submissions and the fact that the appellant company had informed the Assessing Officer about the amalgamation. Additionally, the Assessing Officer acknowledged the amalgamation during the assessment year. The judgment cited relevant case laws and highlighted that assessment on a dissolved company is impermissible under the Income Tax Act, as there is no provision for such assessments. The Tribunal concurred with the Ld CIT(A) that a company ceases to exist in the eyes of the law upon amalgamation, making the assessment order a nullity. The Tribunal upheld the decision that the assessment on a dissolved/amalgamated company is invalid.Deletion of additions on merits:The judgment also addressed the deletion of additions made by the Assessing Officer on merits. The Ld CIT(A) examined the submissions and evidence presented by the appellant, leading to the removal of the additions. The Tribunal agreed with the Ld CIT(A)'s decision to delete the additions, further emphasizing the invalidity of the assessment due to the company's dissolution/amalgamation. As a result, the issues raised by the revenue in other grounds of appeal became irrelevant, as the assessment order was deemed null and void.Initiation of proceedings on legal and factual basis:The appeals and cross objections in the case were heard together and disposed of by a common order. The revenue challenged the initiation of proceedings based on legal and factual grounds, while the assessee filed cross objections regarding the same. The judgment highlighted that the Assessing Officer could take appropriate action concerning the entity in accordance with the law, subject to the prescribed time limits under the Income Tax Act. The cross objections filed by the assessee were dismissed as not pressed, and the appeals filed by the revenue, along with the cross objections of the assessee, were ultimately dismissed by the Tribunal.This detailed analysis of the judgment from the Appellate Tribunal ITAT DELHI provides insights into the issues of validity of assessment on a dissolved/amalgamated company, deletion of additions on merits, and initiation of proceedings on legal and factual basis. The judgment emphasizes the legal implications of company dissolution/amalgamation on assessments and underscores the importance of adherence to statutory provisions in such cases.