TaxTMI 
TaxTMI 
2015 (8) TMI 46
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....dated company M/s Pallavi Real Estates & Developers Pvt. Ltd. The assessment which was appealed against before the CIT (A) was M/s. Pallavi Real Estates & Developers Pvt. Ltd for A.Y 2004-05, against the order of the AO who completed the assessment u/s 144 r.w.s. 147 of the Income Tax Act dated 30.12.2011. The AO made an addition u/s 68 for Rs. 4,16,33,166. 2. The AR of the assessee appeared before the AO and submitted that the income returned was Rs. 1,74,567 by return filed on 8.11.2004 and the company was liquidated on 25.3.2008. It was submitted that notice u/s 148 was issued on the company dated 14.03.2011. Further notice u/s 148 was served on M/s SRSR Advisory Pvt. Ltd (another company). It was further stated that in response to the ....
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....ns. The CIT (A) while giving his findings held as follows: "6.1 Chapter XV of the Income Tax Act speaks of liability in special cases. Section 178 speaks of company in liquidation and section 179 speaks of liability of Director of Pvt. Co. in liquidation. The provisions thus have been made in the Act for taking action against a company who is undergoing the process of liquidation and is yet to be liquidated or where there are any tax dues/liability of a liquidated private company, which cannot be recovered. These provisions were made so that what is due to the State is recovered. By no stretch of imagination these provisions can be extended to make an assessment on a company liquidated four years ago and that too by invoking the provisions....
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....A) and dismiss the Revenue's appeal. 8. In the result, appeal filed by the Revenue is dismissed. ITA No.1878/Hyd/2014 1. The assessment which was being appealed against before the CIT (A) is on the company M/s Ugandhar Estates Pvt. Ltd for A.Y 2004-05. AO completed assessment u/s 144 r.w.s. 147 of the I.T. Act. On 30.12.2011. The only addition made was u/s 68 was Rs. 4,26,50,380. 2. The facts of the case are that original return of income of the company for the year under consideration was filed on 8.11.2004, returning an income of Rs. 1,04,918. The company was liquidated on 15.03.2008 and notice u/s 148 was issued on the company on 14.03.2011. In response to the notice issued to the Company, the erstwhile Director of the Company Shri ....
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....3.2008 and notice u/s 148 was issued on the company on 14.03.2011. Notice u/s 148 was served on M/s SRSR Advisory Pvt Ltd. In response to the notice issued u/s 148 to the company, the erstwhile Director of the company Sri D. Srinivasa Raju replied that the company was liquidated on 27.03.2008. Assessment proceedings continued by way of issue of notice u/s 142(1) dated 16.08.2011. 3. We find that the CIT (A) findings are similar to that of in ITA No.1877/Hyd/2014. Hence we are of the opinion that the issuance of notice u/s 148 on a different company namely M/s. SRSR Advisory (P) Ltd makes the proceedings void ab initio as notice has been issued to the wrong entity. Hence we confirm the order of the CIT (A) and dismiss the Revenue's appeal. ....