2018 (7) TMI 1401 - AT - Income Tax

Reopening of assessment - assessment in the name of the non-existent company - Held that - We quash the assessment order passed by the ld AO in the name of the non-existent company.

Summary

Issues Involved:
- Appeal by ACIT against CIT(A) order for Assessment Year 2006-07
- Grounds raised by revenue and assessee
- Additional grounds raised by assessee challenging jurisdiction under section 153A
- Validity of assessment order passed on a non-existing company
- Interpretation of legal provisions and relevant case laws

Analysis:

1. Grounds of Appeal by Revenue:
The revenue raised various grounds challenging the CIT(A) order, including deletion of additions made under sections 50C/69C, apportionment of suppressed sales, and disallowance under section 14A. The revenue contended that the CIT(A) erred in law and on facts in deleting these additions without considering the actual investments and receipts. The issues revolved around the interpretation of provisions of the Income Tax Act and the correctness of the CIT(A)'s decisions.

2. Grounds of Cross Objection by Assessee:
The assessee raised objections related to the jurisdiction under section 153A, authority of a special auditor, and disallowance of expenses under section 40(a)(ia). The objections challenged the validity of the assessment order and the decisions made by the CIT(A) regarding the disallowances. The cross objections highlighted legal interpretations and sought relief from the disputed additions.

3. Additional Grounds Raised by Assessee:
The assessee sought admission of additional grounds challenging the jurisdiction under section 153A and the validity of the assessment order passed on a non-existing company. The assessee argued that the assessment on a non-existing entity was legally flawed and relied on relevant case laws to support their position.

4. Validity of Assessment Order on Non-Existing Company:
The core issue revolved around the assessment order passed under section 153A on a company that had already merged with another entity and ceased to exist. The assessee contended that such an order was legally unsustainable, citing precedents and decisions of the Hon'ble Delhi High Court. The Tribunal agreed with the assessee, emphasizing that the assessment on a non-existing company was not tenable in law, following established legal principles.

5. Interpretation of Legal Provisions and Case Laws:
The Tribunal considered the legal provisions under section 153A and relevant case laws to determine the validity of the assessment order. The arguments presented by both parties were scrutinized in light of precedents and judicial decisions. The Tribunal's decision to quash the assessment order was based on a thorough analysis of the legal framework and the specific circumstances of the case.

In conclusion, the Tribunal upheld the assessee's objections regarding the assessment order passed on a non-existing company, citing legal precedents and established principles. The appeal of the revenue was dismissed, and the cross objection of the assessee was partly allowed. The judgment highlighted the importance of adherence to legal procedures and the correct application of tax laws in assessment proceedings.