2021 (3) TMI 259 - AT - Income Tax

Penalty u/s 271(1)(c) - notice in the name of the non-existent company being amalgamated - HELD THAT - Order of penalty passed by the revenue on a non-existing company is not sustainable in the eyes of law. The same is void ab initio and liable to be quashed. Hence, we quash the entire proceeding. See MARUTI SUZUKI INDIA LIMITED 2019 (7) TMI 1449 - SUPREME COURT and DIMENSION APPARELS PVT. LTD. 2014 (11) TMI 181 - DELHI HIGH COURT . The penalty is, therefore, is hereby deleted. - Decided in favour of assessee.

Summary

Issues:
1. Maintainability of penalty proceedings against a non-existent entity post-amalgamation.
2. Jurisdiction of the Assessing Officer in issuing notices and passing orders in the name of a dissolved company.

Analysis:

Issue 1: Maintainability of Penalty Proceedings
The appeal challenged the penalty order passed under Section 271(1)(c) of the Income Tax Act, 1961. The appellant argued that after amalgamation, the original company lost its identity, and proceedings should continue in the name of the amalgamated company. The appellant cited the judgment in the case of Intas Lifesciences vs. ACIT and PCIT vs. Maruti Suzuki India Limited to support this argument. The Tribunal noted that the amalgamating company ceased to exist post-amalgamation, and the revenue continued penalty proceedings in the name of the dissolved entity. The Tribunal found that the Assessing Officer had no jurisdiction to levy penalties on a non-existent entity and that the notice issued to the dissolved company was impermissible under the law.

Issue 2: Jurisdiction of the Assessing Officer
The Tribunal observed that the assessment proceedings for the relevant years were conducted in the name of the amalgamated company after considering the merger. The Tribunal referred to the judgment in the case of PCIT vs. Maruti Suzuki India Limited, where the Apex Court held that an assessment order in the name of a non-existent company is void ab initio. The Tribunal emphasized the importance of consistency and certainty in tax litigation, following the precedent set by the courts in similar cases. Relying on the legal principles established in various judgments, including those of the Delhi High Court and the Karnataka High Court, the Tribunal concluded that the penalty proceedings against a non-existing entity were not sustainable in the eyes of the law. Consequently, the Tribunal quashed the penalty proceedings and deleted the penalty imposed.

In conclusion, the Tribunal partly allowed the appellant's appeal, emphasizing the necessity of maintaining legal proceedings in the name of the correct, existing entity post-amalgamation. The judgment highlighted the importance of adhering to legal principles and ensuring consistency in tax litigation to uphold the integrity of the legal system.