ORDER :

The present writ petition has been filed against the impugned order/proceedings dated 11.11.2016 passed by the respondent/Income Tax Officer for the Assessment Year 2009-2010 under Section 560 of the Companies Act, 1956.

2. The operative portion of the impugned order/proceedings reads as under:-

“4. ...........

Vide this office letter dated 04.11.2016, the office of the Registrar of Companies was also requested to confirm whether any notice was issued and if so to send a copy of the acknowledgment.

In these circumstances, as no notice was received in this office, it is reiterated that M/s.AGS Hotels & Resorts Pvt. Ltd., is still an assessee in respect of the assessment year 2009-10. Every director, manager or other officer who were nominated by the holding company, M/s.PVP Ventures Limited are continuing and are being enforceable as if M/s.AGS Hotels & Resorts Pvt. Ltd has not been dissolved.”

3. The petitioner had earlier challenged a notice dated 16.03.2016 seeking to reopen the assessment of a defunct company namely M/s.AGS Hotels and Resorts Private Limited for the Assessment Year 2009-2010 on the ground that the said company had been dissolved by the Deputy Registrar of Companies on 24.03.2014 under Section 560 (3) of the Companies Act, 1956.

4. It is submitted that the company was dissolved pursuant to a notice dated 24.02.2014 and that the said notice was also issued to the Chief Commissioner of Income Tax Office. The Notice dated 24.02.2014 of the Deputy Registrar of Companies, which is relied upon in support of the present writ petition, reads as under:-

“In the matter of the Companies Act, 1956 and of M/s.AGS Hotels & Resorts Private Limited, U55101TN2004PTC053848.

This is with respect to your application (Form FTE) dated 15/02/2014 vide SRN B96214788.

Notice is hereby given pursuant to sub-section (3) of section 560 of the Companies Act, 1956 that at the expiration of thirty days from the date hereof the name of the M/s.AGS Hotels & Resorts Private Limited unless cause is shown to the contrary, will be struck off from the Register and the said company will be dissolved.”

5. The learned counsel for the petitioner submits that the petitioner was merely a holding company of the defunct AGS Hotels and Resorts Private Limited and that pursuant to the steps taken by the said company to dissolve itself and to strike off its name from the rolls of the companies, the name of the said company was also struck off from the list of registered companies.

6. It is further submitted that the share holders of the said company had passed a Board Resolution to file an application under Section 560 of the Companies Act, 1956, to dissolve the company under the Fast Track Exit Mode as the said company was not carrying on any business.

7. The learned counsel for the petitioner further submits that pursuant to the dissolution and striking off the name of the said company, the petitioner had also written off its assets namely, the investments made by the petitioner in the aforesaid company in its books of accounts as on 31.03.2014. It is submitted that though the petitioner had challenged the notice issued under Section 148 of the Income Tax Act, 1961 in W.P.No.24894 of 2016, this Court had specifically directed the respondent to pass a speaking order by its order dated 19.07.2016 in the aforesaid writ petition.

8. The attention is drawn to Paragraphs 14 & 15 of the said order:-

“14. If the respondent called for certain documents and sought clarifications, then simultaneously the respondent cannot proceed with the re-assessment proceedings under Section 144 of the Act. The petitioner is entitled to raise all issues before the respondent and after considering the contentions raised by the petitioner, the respondent shall pass a speaking order. If, in the hands of the respondent, the petitioner's explanation is not found satisfactory, then only he can proceed further in the matter. Therefore, the directions issued in paragraphs 5 and 6 of the impu