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Case Law Details

Case Name : Mehta Air Travels Pvt. Ltd. Vs ITO (ITAT Ahmedabad)
Appeal Number : ITA No. 3300/Ahd/2016
Date of Judgement/Order : 02/02/2022
Related Assessment Year : 2008-09
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Mehta Air Travels Pvt. Ltd. Vs ITO (ITAT Ahmedabad)

t is matter of record that One Mr. Dhirajlal Terraiya vide letter dated 25.08.2015 in his reply to Show Cause Notice dated 18.08.2015, intimated the ITO Ward 2(1)(4) that the company was struck off from the records of Registrar of Companies (ROC), Gujrat, vide order dated 18.05.2011. Thus, the company is no longer in existence after being struck off from the Register of ROC. In absence of existing company, there cannot be any director who can sign the verification for the filing of Income Tax Return or making any compliances or replying to any notices from Income Tax Department. The struck off company i.e. Mehta Air Travel Pvt. Ltd. was not in existence on the date of passing Assessment Order. Hence, the present Assessment order is not valid and the same may be quashed.

FULL TEXT OF THE ORDER OF ITAT AHMEDABAD

This appeal is filed by the assessee against the order dated 10.11.2016 passed by the CIT(A)-2, Ahmedabad for the Assessment Year 2008-09.

2. The grounds of appeal raised by the assessee are as under :

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