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TMI Blog2016 (4) TMI 1130X X X X Extracts X X X X X X X X Extracts X X X X ..... algamating company. In all three cases, the statutory notices were issued in the name of the amalgamating company. Considering the above, we are of the opinion that the assessments completed in the names of the non-existing companies and therefore, they have to be held as void ab initio - Decided in favour of assessee - ITA No. 2411/M/2013, ITA No. 6928/M/2010, ITA No. 2413/M/2013 - - - Dated:- 21-3-2016 - SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER For The Assessee : Shri Rakesh Joshi For The Revenue : Shri Ravindra Sindhu, DR ORDER PER D. KARUNAKARA RAO, AM: There are three appeals under consideration and they are filed by the assessees for the assessment years 2007-08 and 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oval of the Hon ble High Court of judicature at Bombay vide Company Petition No.869 connected with Company Application No.930 of 2007; Company Petition No.866 connected with Company Application No.931 of 2007; Company Petition No.867 connected with Company Application No.932 of 2007; Company Petition No.868 connected with Company Application No.933 of 2007 and the High Court passed order dated 7.12.2007 in the case of OB RPL with an appointment date as on 1.4.2007 (page 11 of the assessee s paper book). In the case of OSPL, the High Court passed order dated 26.6.2009 with an appointment date as on 1.4.2008, copy of which is placed on page 18 of the assessee s paper book. Assessee informed the AO regarding the above amalgamation of companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucted by the AO and the assessment order has been passed. It is seen from the statement of facts that the Hon ble Bombay High Court vide order dated 07.12.2007 has permitted the merger of the appellant with M/s. Orbit Corporation Limited which is subsequent to the assessment year in respect of which the appeal has been filed in view of these facts, it is hereby held that AO is justified in passing order u/s 143(3) r.w.s 153A of the Act. Accordingly, this ground of appeal is hereby dismissed. 5. As evident from the above, Ld Counsel for the assessee submitted that the CIT (A) dismissed the legal ground essentially stating that the judgment of the Hon ble Bombay High Court dated 07.12.2007, which is subsequent in time qua the above said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich cease to have any identity post amalgamation period from the appointed date ie 1.4.2007. Consequently, AO is under statutory obligation to issue notices u/s 143(2) or 153A of the Act, as the case may be, and make the assessments in the name of amalgamated company ie OCL. Therefore, the statutory notices issued u/s 143(2) / 153A on the amalgamating companies are not valid notices and the resultant assessments in the names of the amalgamating companies are void ab initio. To support the above, Ld Counsel for the assessee filed plethora of judgments. The gist of the judgments of the various High Courts and the held portions thereof are culled out and placed before us. The same are extracted as under:- 6. Referring to the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd submitted that the argument was considered and the Hon ble High Court held that it would not make any difference so long as the assessments were completed in the names of the amalgamating companies. The Hon ble High Court in that case dismissed the Ld DR s argument that revolved around perception of the assessee in the assessment and the curability of the said defect u/s 292B of the Act. The facts of the judgment in the said case of Dimension Apparel Pvt Ltd (supra) are include that the said company got amalgamated into M/s. BS Infratech Pvt Ltd w.e.f 1.4.2008 ie AYs 2003-04 to 2008-2009 onwards. Assessing Officer completed the assessments in the name of the said Dimension Apparel Pvt Ltd (supra), the old company, which was non-existent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l as the cited decisions of various High Courts and the Tribunal. We have also perused the relevant material placed on record. There is no dispute on the facts. The issue is only legal in nature. On perusal of the title sheets of the assessment orders of the three companies (OB RPL; OSPL and OCL), we find the same are relevant to extract here since, the core issue revolves around the names of the said companies. Therefore, the said title sheets of the three assessment orders are scanned and placed as follows:- 10. From the above, it is evident that the first two companies (OB RPL and OSPL) are without reference to the name of the amalgamated company-OCL. Therefore, the assessments made are obviously on the amalgamating com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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