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Judgment
This assessee’s appeal for assessment year 2015-16, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2025-26/1082736850(1), dated 18.11.2025 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
Coming to the assessee’s first and foremost legal ground challenging validity of the impugned reopening itself, it emerges during the course of hearing that the learned lower authorities had issued section 148A notice on 17.03.2022 whereas it admittedly stood struck off from the rolls vide Registrar of Companies “ROC” order passed on 20.11.2019.
This being the clinching factual position, I hereby quote PCIT Vs. Maruti Suzuki (2019) 416 ITR 613 (SC) to conclude that the impugned assessment framed in the assessee’s case, a struck off company i.e. a non-existent entity, is not sustainable in law.
Quashed accordingly.
This assessee’s appeal is allowed.