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TMI Blog2018 (3) TMI 1879X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Assessee : Shri Ved Jain, Adv., Shri Ashish Chadha, CA For the Revenue : Shri V.K. Jiwani, Sr. DR ORDER This is an appeal filed by the assessee against the order dated 5th June, 2016, passed by the CIT(A). 2. The brief facts leading to the present appeal are that the assessee filed its return of income for the A.Y. under consideration on 30th September, 2009. The said return was accepted under Section 143(1). Thereafter, the assessment was reopened by issue of notice under Section 148 on 10th March, 2016, on the allegation that income has excaped assessment in respect of a sum of ₹ 10,00,000/- received by the assessee during the year from Shalini Holdings Ltd. The AO being not satisfied with the reply of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AR invited attention to the order passed by the Hon ble Delhi High Court dated 26th May, 2014 at PB. Pg. 131-178 whereby the company namely Nirvana Life Style Pvt Ltd got amalgamated with TTJ Impex Pvt. Ltd. 6. It was submitted that the assessment in question is for the assessment year 2009-10. This assessment was reopened by issue of notice under Section 148 dated 10/03/2016. The notice has been issued in the name of Nirvana Life Style Pvt. Ltd. as is evident from PB. Pg. 130. The company having got amalgamated with TTJ Impex Pvt. Ltd as on 01/04/2013. The entity Nirvana Life Style Pvt. was not in existence as on 10/03/2016. On the basis of above, it was submitted that the entire proceedings of issue of notice and reassessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eived on 19th October, 2014 placed at PB. Pg. 183. Thus, the issue of notice for reopening and consequent assessment thereafter was on a person which was not in existence on that day and hence the proceedings are bad in law and liable to be quashed. This issue is now no more res integra in view of the judgment of the Hon ble Supreme Court in the case of CIT New Delhi Vs M/s Spice Enfotainment Ltd [Civil Appeal No. 285 OF 2014, 286 OF 2014 dated 2-11-2017] whereby the Hon ble Supreme Court upholding the order of the Hon ble Delhi High Court on this issue has held as under: 12. Once it is found that assessment is framed in the name of non-existing entity, it does not remain a procedural irregularity of the nature which could be cured by i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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