9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (6) TMI 619 - AT - Income TaxValidity of assessment on a company which has been dissolved/ amalgamated - Held that - As AO in his assessment order has noted that company had merged with M/s BS Infratech Pvt. Ltd., w.e.f. 1.4.2008. Therefore, it was very much in the knowledge of AO that the assessee was non existent. Therefore, he should have initiated the proceedings against the amalgamated company only. Moreover, the assessee has also indicated on the acknowledgements of returns that returns are being filed under protest. The CIT (A) after relying upon a number of case laws has rightly held that the assessment order passed on the appellant company was a nullity. - Against revenue.
Issues Involved:
1. Validity of assessment on a dissolved/amalgamated company. 2. Deletion of additions on merits by the CIT(A). 3. Cross objections filed by the assessee regarding initiation of proceedings on legal and factual basis. Issue-wise Detailed Analysis: 1. Validity of Assessment on a Dissolved/Amalgamated Company: The primary issue raised by the Revenue was the validity of the assessment on a company that had been dissolved/amalgamated. The CIT(A) upheld that the assessment on such a company is invalid. The facts reveal that the appellant company had amalgamated with another entity, M/s B.S. Infratech Pvt. Ltd., as per the Delhi High Court order dated 07.12.2009. The Assessing Officer (AO) was aware of this amalgamation but continued the assessment proceedings in the name of the dissolved company. Key Judgments and Legal Precedents: - The CIT(A) relied on several case laws, including: - *Impsat (Pvt.) Ltd. vs. ITO* (2004) 91 ITD 354 (Del) - *CIT vs. Vived Marketing Servicing Pvt. Ltd.* ITA No. 273/2009 - *Spice Entertainment Ltd. vs. CIT* ITA 475 & 476 of 2011 The CIT(A) concluded that an assessment on a dissolved company is impermissible as there is no provision in the Income Tax Act to make such an assessment. This view aligns with the decisions of the Supreme Court and the jurisdictional Delhi High Court, which have consistently held that a company ceases to exist upon amalgamation, making any assessment on it null and void. 2. Deletion of Additions on Merits by the CIT(A): The Revenue also contested the deletion of various additions made by the AO on merits. However, since the assessment itself was quashed as invalid, the question of examining these additions became moot. The CIT(A)'s decision to delete the additions was upheld, as the foundational assessment order was deemed a nullity. 3. Cross Objections Filed by the Assessee: The assessee had filed cross objections regarding the initiation of proceedings on legal and factual grounds. However, no specific arguments were advanced by the assessee's counsel during the proceedings. Consequently, the cross objections were presumed to be not pressed and were dismissed as such. Conclusion: The Tribunal upheld the CIT(A)'s order, affirming that the assessment on the dissolved company was invalid. The Tribunal dismissed the Revenue's appeals and the assessee's cross objections. The judgment emphasized that an assessment on a non-existent entity is a nullity, and any additions made in such an assessment do not survive. The order was pronounced in the open court on 21st June 2013.
|
