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of <h1>Reassessment under Sections 147/148 quashed as notice issued to non-existent company struck off under Companies Act</h1> ITAT Delhi allowed the assessee's appeal and quashed the reassessment proceedings on the ground that the reopening was initiated against a non-existent ... Reopening against non existent company - assessee has filed ROC notice/ order striking off the assessee company under the relevant provision of Companies Act, 2013 - HELD THAT:- Tribunal hereby sees merit in the instant assessee’s first and foremost legal ground to quash reopening itself since initiated against a non-existent entity going by PCIT v. Maruti Suzuki India Ltd. [2019 (7) TMI 1449 - SUPREME COURT] Ordered accordingly. The appeal concerned the validity of reassessment proceedings initiated under section 147 of the Income-tax Act, 1961 for AY 2019-20, pursuant to a notice under section 148 dated 28.02.2023. During hearing, the assessee produced a ROC notice/order dated 20.04.2022 showing that the assessee-company had been struck off under the Companies Act, 2013 prior to issuance of the reassessment notice. This factual position remained 'unrebutted from the Revenue's side.' The Tribunal held that the reopening was invalid as it had been 'initiated against a non-existent entity,' relying on the Supreme Court decision in PCIT v. Maruti Suzuki India Ltd. (2019) 107 taxmann.com 375 (SC). Applying that ratio, the reassessment proceedings were quashed at the threshold. In view of this legal conclusion, all other grounds and arguments on the merits of the assessment were treated as academic. The appeal of the assessee was accordingly allowed.
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