Non-intimation to AO before removal of company’s name from ROC, assessment was valid even if passed in name of non-existent entity

Boopendradas (Vikash) Sungker Vs DCIT (ITAT Delhi)

Conclusion: Where a corporate entity voluntarily opted for discontinuance of business and prefers to get the name of the company struck off and dissolved the company, after distributing its assets, the provisions of section 176 might become applicable and without any specific notice in terms of section 176(3) informing the AO of discontinuance of the business, the erst-while company could not claim that the assessment order was passed against the non-existing entity.

Held: Assessee-director

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