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TMI Blog2020 (9) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... : Shri Ved Jain, CA, Shri Ashish Goel, CA Shri Umang Luthra, CA Revenue By : Shri M. Barnwal, Senior DR ORDER PER KULDIP SINGH , JUDICIAL MEMBER : Since common questions of facts and law have been raised in both the aforesaid appeals, the same are being disposed off by way of consolidated order for the sake of brevity. 2. Appellants, M/s. Artsy Infrastructure and Projects Private Limited (now merged with Vatsal Infraprojects Pvt. Ltd. and M/s. ATJ Impex Pvt. Ltd. (now merged with TTJ Impex Pvt. Ltd.) by filing the present appeals sought to set aside the impugned orders both dated 03.04.2017 passed by the Commissioner of Income-tax (Appeals)-30, New Delhi qua the assessment year 2009-10 on the identical grounds except for figure of additions made u/s 68 of the Income-tax Act, 1961 (for short the Act ) inter alia that :- 1. On the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals) [CIT (A)] is bad both in the eye of law and on facts. 2. (i) On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law, in confirming the order passed by the AO u/s 143(3), desp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t giving assessee an opportunity to cross examine the same in violation of principle of natural justice. 9. On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law, in confirming addition u/s 68 of the Act as amended by Finance Act, 2012, despite the same being not applicable for the year under consideration. 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : M/s. Artsy Infrastructure and Projects Private Limited (now merged with Vatsal Infraprojects Pvt. Ltd.) and M/s. ATJ Impex Pvt. Ltd. (now merged with TTJ Impex Pvt. Ltd.) was incorporated on 07.08.2008 and 24.09.2007 respectively. They have filed return of income for AY 2009-10 and the assessment was framed u/s 143 (3) of the Act. On receipt of information from Investigation Wing, assessment was reopened in both the cases after recording reasons that income chargeable to tax has escaped assessment. AO made addition of ₹ 50,00,000/- and ₹ 40,00,000/- in case of M/s. Artsy Infrastructure and Projects Private Limited and M/s. ATJ Impex Pvt. Ltd. respectively u/s 68 of the Act and the proviso thereto on the ground that the amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 order dated 09.03.2018, Rudraksha Agencies Company Ltd. vs. DCIT, Circle 21 (2), new Delhi 2018 (5) TMI 740 ITAT Delhi DCIT, Circle 18 (1), New Delhi vs. NDC Telecommunications India Pvt. Ltd. 2018 (10) TMI 1119 ITAT Delhi. 7. Undisputedly, M/s. Artsy Infrastructure and Projects Private Limited merged was with Vatsal Infraprojects Pvt. Ltd. vide order dated 25.05.2014 and M/s. ATJ Impex Pvt. Ltd. was merged with TTJ Impex Pvt. Ltd. vide order dated 26.05.2014 passed by the Hon ble Delhi High Court in Company Petition No.645 of 2013 connected with Company Application No.(M) 157 of 2013 w.e.f. 01.04.2013. It is also not in dispute that assessment in case of M/s. Artsy Infrastructure and Projects Private Limited and M/s. ATJ Impex Pvt. Ltd was framed by the AO on 28.12.2016 29.12.2016 respectively. It is also not in dispute that even at the time of issuance of notice u/s 148 of the Act, assessment company was not in existence. 8. By now, the issue as to framing the assessment on a nonexistent company having been merged with some other entity being nullity is settled. Hon ble Delhi High court in case of Spice Enfotainment Ltd. vs. CIT (supra) quashed the assessment in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tainty in tax litigation. The view which has been taken by this Court in relation to the respondent for AY 2011-12 must, in our view be adopted in respect of the present appeal which relates to AY 2012-13. Not doing so will only result in uncertainty and displacement of settled expectations. There is a significant value which must attach to observing the requirement of consistency and certainty. Individual affairs are conducted and business decisions are made in the expectation of consistency, uniformity and certainty. To detract from those principles is neither expedient nor desirable. 11. Coordinate Bench of the Tribunal vide order dated 09.03.2018 in case of Nirvana Lifestyle Pvt. Ltd. (supra) also quashed the assessment on amalgamating company merged with TTJ Impex Pvt. Ltd. 12. Ld. DR for the Revenue contended that notice of merger alleged to be issued by the assessee to the ITO in case of M/s. Artsy Infrastructure and Projects Private Limited has never been served upon the jurisdictional ITO as the jurisdiction was transferred from ITO, Ward No.3(2), New Delhi. He has also contended that even letters of intimation by the assessee in both the cases bear no signature a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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