Tribunal rules for assessee, invalid notice quashes assessment. Appeal allowed, other grounds not addressed.

The Tribunal ruled in favor of the assessee, quashing the assessment due to the invalidity of the notice issued on a dissolved entity under section 148 of the Act. As a result, the appeal was allowed, and other grounds challenging the assessment under sections 147/144, initiation of proceedings under section 147, compliance with statutory provisions under section 250(6), addition under section 68, and fairness of the assessment process were not addressed.

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Issues:
1. Validity of assessment under section 147/144 of the Act.
2. Legality of initiation of proceedings under section 147 of the Act.
3. Compliance with statutory provisions under section 250(6) of the Act.
4. Sustainment of addition under section 68 of the Act.
5. Fair opportunity of being heard to the assessee.
6. Validity of notice issued under section 148 of the Act on a dissolved entity.

Analysis:

1. The appeal challenged the assessment under sections 147/144 of the Act, disputing the income amount of Rs. 33,27,228. The CIT(A) dismissed the appeal, prompting the assessee to appeal further. The grounds raised included errors in law and facts regarding the assessment amount.

2. The initiation of proceedings under section 147 was questioned for lacking statutory preconditions and proper application of mind. The CIT(A) was accused of passing the order disregarding statutory provisions and principles of natural justice, leading to an ex parte dismissal of the appeal.

3. The CIT(A) was criticized for not passing a speaking order as required under section 250(6) of the Act. Allegations were made regarding the dismissal of detailed written submissions without consideration, violating principles of natural justice.

4. The addition under section 68 of the Act, amounting to Rs. 33,27,228, was contested as factually incorrect and based on conjectures and suspicion. The CIT(A) was accused of not considering the written submissions explaining the income source, leading to an erroneous decision.

5. The fairness of the assessment process was questioned, alleging that the addition was sustained without providing a fair and proper opportunity for the assessee to be heard, violating principles of natural justice.

6. An additional ground challenged the validity of the notice issued under section 148 of the Act on a dissolved entity. The assessee argued that the company was dissolved before the notice was issued, rendering the assessment void ab initio. The AR presented evidence supporting the dissolution of the company and contended that the assessment on a non-existent entity was a jurisdictional defect.

The Tribunal admitted the additional ground and ruled in favor of the assessee, quashing the assessment due to the invalidity of the notice issued on a dissolved entity. Since the assessment was annulled, other grounds on merit were not addressed, resulting in the appeal being allowed.

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