PVP VENTURES LIMITED Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) Heard Mr.R.Sivaraman, learned counsel for the petitioner and Mr.Arunkurian Joseph, learned counsel appearing on behalf of the respondent.

(2.) The petitioner has challenged a notice issued by the respondent to M/s.AGS Hotels and Resorts Private Limited (hereinafter referred to as M/s.AGS) stating that he has reasons to believe that income chargeable to tax for the assessment year 2009-10 escaped assessment within the meaning of Section 147 of the Income Tax Act, 1961 (hereinafter referred to as the Act). Further, the respondent proposed to assess/re-assess the income for the said assessment year and directed the said company to deliver to him, within 30 days from the date of service of the notice dated 16.3.2016, a return of their income in the prescribed form for the said assessment year. The notice dated 16.3.2016, though addressed to M/s.AGS, has been served on the petitioner on the ground that the petitioner is the holding company.

(3.) The petitioner would state that they were compelled to receive the said notice dated 16.3.2016 and immediately they sent a letter dated 6.5.2016 pointing out that M/s.AGS has been dissolved/struck off the register on 24.3.2014 under Section 560(3) of the Companies Act, 1956. The petitioner enclosed a copy of the notice under Section 560(3) of the Companies Act, 1956, for the consideration of the respondent. The petitioner stated that the copy of such notice was submitted to the respondent at the time of receipt of the notice dated 16.3.2016, on 29.3.2016. It was further pointed out that the Registrar of Companies issued 30 days' notice of his intention to strike the said company off the register, to the Office of the Chief Commissioner of Income Tax vide notice dated 24.2.2014. Thereafter, M/s.AGS stood dissolved with effect from 24.3.2014. Hence, the issue of a notice under Section 148 of the Act dated 16.3.2016 in the name of a non existent person is invalid and the petitioner requested the respondent to drop the proceedings initiated under Section 148 of the Act.