JUDGMENT :

SANJEEV KUMAR J.

1. This appeal under Section 260A of the Income Tax Act, 1961 [“the Act of 1961”] is directed against order dated 30.01.2014 passed by the Income Tax Appellate Tribunal, Amritsar Bench [“the Tribunal”] in ITA No.355(ASR)/2013(Assessment year 2004-05). Vide order dated 03.01.2015 instant appeal was admitted on the following substantial question of law:-

“Whether on the facts and circumstances of the case, the ITAT erred in law in not appreciating that the name of the appellant company had been struck off from the Register of the Companies by the Registrar and the aforesaid company was dissolved under provisions of Section 560 of the Companies Act, 1956, prior to the date of passing of the assessment order?

2. The aforesaid substantial question of law has arisen in the background of following factual matrix:

The appellant-Company filed a Nil return of income for the assessment year 2004-05 with the Income Tax Officer Ward No.2 (2), Jammu. The Return of Income also contained a note stating therein that the appellant-Company had filed an application on 19.03.2004 before the Registrar of Companies under Section 560 of the Companies Act, 1956 [“the Companies Act”]