A private ltd company was struck off in 2006 by the ROC,last tax return for that year duly filed and intimated to Depatt the fact that company is struck off .Bank accounts were also closed. Inadvertently PAN of the company could not be deactivated. The same fact has come to the knowledge of the ex-directors on receipt of notice u/s 148 from the deptt. When they enquired the tax official ,they found some persons has mistakenly reflected TDS entries in the PAN of the Company. These person were contacted by the ex directors.The assesment was completed u/s 147 taking the TDS entry as income and the demand u/s 156 was raised.
After reversal of TDS entry which came late (i.e. after completion of assessment proceedings)The directors went into the appeal after depositing 20% of the said demand through directors personal bank account (for stay purposed) and appeal was decided in the favour of company.
Now the isuue arises here is that since company does not have bank account and tax official is hesitant to issue the refund of 20% deposited earlier, in the name of directors. He does not have good knowledge about this kind of exceptional circumstances.
What process can we follow to get the refund as we cant have the bank account opened in the name of company (as it is a struck off company)?
Please guide.
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