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2019 (5) TMI 1159 - AT - Income TaxValidity of assessment / proceedings u/s 153A - non-est entite s cases - conversion from a corporate entity to a Limited Liability Partnership LLP - HELD THAT - Impugned assessment / proceedings are not sustainable since framed in case of a non-est entity. Mr Agarwal quotes sec. 170 of the Act at this stage to make it clear that it is very well open for the AO to proceed against the successor entity. We therefore make it clear before parting that it shall be very well open for the Assessing Officer to proceed against the successor LLP as per law. See M/S PAWANSUT MANAGEMENT LTD. VERSUS I.T.O., WARD-58 (4) (TDS) 2018 (4) TMI 46 - ITAT KOLKATA , M/S COMPUTER ENGINEERING SERVICES INDIA (P) LTD. (AMALGAMATED WITH ISTRONICS LTD) , M/S FORYU OVERSEAS (P) LTD AND OTHERS 2015 (6) TMI 601 - ITAT DELHI , INTEL TECHNOLOGY INDIA (P.) LTD. 2015 (5) TMI 614 - KARNATAKA HIGH COURT , RAZA TEXTILES LIMITED VERSUS INCOME-TAX OFFICER, RAMPUR 1972 (9) TMI 15 - SUPREME COURT - The Revenue s appeal dismissed.
Issues Involved:
1. Validity of assessments and proceedings under sec. 153A r.w.s 143(3) of the Income Tax Act, 1961 2. Challenge to CIT(A)'s orders quashing assessments/proceedings due to lack of incriminating material 3. Addition of unexplained cash credits, share capital/premium, unexplained investments, and sec. 14A r.w.s. 8D disallowance 4. Conversion of corporate entity to Limited Liability Partnership (LLP) and its impact on assessment Issue 1: Validity of assessments and proceedings under sec. 153A r.w.s 143(3) of the Income Tax Act, 1961 The batch of cases involved three assessees and multiple appeals arising from the Commissioner of Income Tax (Appeals)'s orders. The primary contention was regarding the validity of assessments and proceedings under sec. 153A r.w.s 143(3) of the Income Tax Act, 1961. The Revenue challenged the CIT(A)'s orders on various grounds, including the abatement status of regular assessments at the time of search, and the addition of unexplained cash credits and investments. The issue revolved around whether the search had yielded incriminating material justifying the proceedings initiated under sec. 153A. Issue 2: Challenge to CIT(A)'s orders quashing assessments/proceedings due to lack of incriminating material The Revenue contested the CIT(A)'s decisions to quash the assessments/proceedings, arguing that the search had indeed revealed undisclosed income. The CIT(A) had accepted the assessees' legal contentions, leading to the Revenue seeking a reversal of these decisions. The core dispute was whether the assessments should be sustained based on the incriminating material discovered during the search. Issue 3: Addition of unexplained cash credits, share capital/premium, unexplained investments, and sec. 14A r.w.s. 8D disallowance The Assessing Officer had made additions in the assessments, including unexplained cash credits, share capital/premium, unexplained investments, and sec. 14A r.w.s. 8D disallowance. Both the Revenue and the assessees presented arguments on the merits of these additions, emphasizing the need for a detailed reexamination by the Assessing Officer. The issue centered on the correctness of these additions and the necessity for a fresh adjudication based on the legal requirements. Issue 4: Conversion of corporate entity to Limited Liability Partnership (LLP) and its impact on assessment In the case of the third assessee, the additional ground raised was the conversion of the corporate entity to an LLP before the initiation of sec. 153A proceedings. The argument was that assessments against a non-existent entity were not legally sustainable. The issue focused on the impact of the entity's conversion on the validity of the assessments and the permissible actions by the Assessing Officer against the successor LLP. This judgment addressed multiple issues related to the validity of assessments, challenges to CIT(A)'s orders, additions in assessments, and the impact of entity conversion on tax proceedings. The decision highlighted the need for a thorough reexamination of the issues by the Assessing Officer and emphasized the legal requirements for sustaining assessments based on incriminating material. The judgment provided clarity on the legal principles governing such assessments and affirmed the importance of following due process in tax proceedings.
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