TaxTMI 
TaxTMI 
2025 (4) TMI 2168
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.... 1. On the facts and circumstances of the case as well as in law, the Learned CIT(A) has erred in setting aside the assessment order to the Learned Assessing Officer with direction to make the fresh Assessment of the non-existing entity, without Considering the provision of law. 2. The Learned CIT(A) ought to have quash the reassessment notice issued u/s.148 of the Income Tax Act, 1961 on a non-existing entity and consequently consider the assessment void ab initio. 3. On the facts and circumstances of the case as well as in law, the Learned CIT(A) has erred in not appreciating the fact that the assessee company was dissolved wef from 01.04.2014 and is no longer inexistence and no notice u/s. 148 can be issued to non- ex....
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....s reproduced as under: "6. DECISION :1 have carefully considered all the material available on records, the facts of the case, grounds of appeal and written submissions uploaded by the appellant. Appellant has furnished many documents/evidence in support of grounds of appeal taken at the appellate stage. The decision on the appeal preferred by the appellant is discussed in subsequent paras. 6.1 The appellant submitted that International Maritime & Allied Services Limited was amalgamated with JSW Infrastructure Limited by a Bombay High Court order dated 05th September 2014. According to the order, the transferor company stands dissolved once the amalgamation scheme becomes effective. However, the appellant received a scruti....
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....d, leaving no room for ambiguity or error in the determination of the appellant's financial standing. 6.2 Upon a careful review of the submissions and documentation provided by the appellant, it is my considered opinion that, in light of the unique facts and circumstances of this case, along with the evidence furnished, the best judgment assessment order framed by the Assessing Officer under Section 147 r.w.s 144 of the Income Tax Act does not, prima facie, appear to be appropriate or just. To arrive at a fair and accurate determination of the appellant's income, the additions made and the issues raised herein require a more detailed and exhaustive examination. 6.3 As per the newly inserted proviso to section 251(1....
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....ing Officer is directed to make a fresh assessment after giving adequate opportunities to the appellant and complying with all extant rules and provisions and following principles of natural justice and take into account any further submissions which it has to file during the course of the said proceedings. The AO should also conduct all necessary enquiries to verify the submissions filed by the appellant 6.6 The appellant is also directed to comply with all the notices/correspondences issued by the AO. The appellant may note that all necessary compliance should be made at the earliest and within the time limit prescribed in the notices issued by Ld. AO. It should be the endeavour of the Appellant to promptly submit necessary evide....