2023 (10) TMI 403

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....: Ms.S.Premalatha, Junior Standing counsel for Mr.R.S.Balaji, Senior Standing counsel ORDER This writ petition has been filed challenging the impugned order dated 30.03.2022 bearing ITBA/AST/S/147/2021-22/1042158368(1) passed by the respondent for PAN:AASCS0886M for AY 2015-16. 2. The learned counsel for the petitioner would submit that the petitioner was the Director of the Speed & Safe ....

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....7 of the NCLT Rules, within the period mentioned therein. After the revival of the Company only, the Authority will get power to reopen the assessment and pass further orders. However, in the present case, though the petitioner had referred the aforesaid procedure of revival of Company, the impugned order was passed by the respondent without application of mind. Hence, he would contend that the sa....

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....e Income Tax Act mainly talks about the discontinued business and it does not mention anything about struck off of the company. Further, Section 176 of the Income Tax Act states that if any company discontinued from business and had not carried on any other business, the re-assessment order can be passed against the Principal Officer of the Company. However, the assessment order cannot be passed o....