Tribunals and CommissionsSingle Bench(2025) 11 ITAT CK 3806

Mishmi Takin Sportsgear Pvt. Ltd. vs Income Tax Officer

Income Tax Appellate Tribunal, Delhi · Decided on 27 November 2025

HON’BLE JUDGES
Satbeer Singh Godara, J
RESULT
Allowed
CASE NUMBER
ITA No. 6578/Del/2025

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 191 words

PER SATBEER SINGH GODARA, JM:

This assessee’s appeal ITA no. 6578/Del/ /2025 for assessment year 2019-20 arises against CIT(A)/ NFAC, Delhi’s order dated 25.08.2025 (DIN & Order No. ITBA/NFAC/S/250/2025-26/1079962862(1), in proceedings u/s 147 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.

Heard both the parties. Case file perused.

2.

It emerges during the course of hearing that there arises the first and foremost issue of validity of reopening itself set into motion by the learned Assessing Officer vide section 148 notice issued on 28.02.2023. This is for the precise reason that learned counsel representing the assessee has filed ROC notice/ order dated 20.4.2022 striking off the assessee company under the relevant provision of Companies Act, 2013. This clinching fact has gone unrebutted from the Revenue’s side.

3.

That being the case, the 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) 107 taxmann.com 375 (SC). Ordered accordingly.

All other remaining pleadings between the parties on merits stand rendered academic.

4.

This assessee’s appeal is allowed.