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TMI Blog2021 (2) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... . Sarla Fabrics Pvt. Ltd. (now amalgamated with Shahi Exports Pvt. Ltd.) (hereinafter referred to as 'the assessee') by filing the present appeals sought to set aside the impugned orders all dated 23.05.2016 passed by the Commissioner of Income-tax (Appeals)-24, New Delhi qua the Assessment Years 2008-09, 2009-10 & 2010-11 on the identical grounds inter alia that :- "1. The order of Ld. CIT(A) is not correct in law and facts. 2. On the facts and circumstances of the case, the CIT(A) has erred in quashing the order involving additions (Rs. 2,43,91,636/-, Rs. 23,29,51,594/- & Rs. 8,40,59,413/- for AYs 2008-09, 2009-10 & 2010-11 respectively). 3. On the facts and circumstances of the case, the CIT(A) has erred in quashing the order on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f filing the present appeals. 5. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the Revenue authorities below in the light of the facts and circumstances of the case. 6. Undisputedly, M/s. Sarla Fabrics Pvt. Ltd., the assessee got amalgamated with M/s. Shahi Exports Pvt. Ltd. w.e.f. 31.03.2010 vide amalgamation order dated 25.10.2010 passed by Hon'ble High Court of Delhi. It is also not in dispute that on the date of search in the present cases i.e. on 16.01.2013, present assessee has ceased to exist by virtue of the amalgamation order passed by the Hon'ble Delhi High Court dated 25.10.2010 (supra). Keeping in view the aforesaid undisputed facts, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Nokia Solutions & Network India Pvt. Ltd. (formerly known as Nokia Siemens Network Pvt. Ltd. in ITA 135/2018 order dated 06.02.20189, PCTI vs. BMA Capfin Ltd. ITA 1181 of 2017 & CM No.46887 of 2017 order dated 27.12.2017, BDR Builders & Developers Pvt. Ltd. vs. ACIT WP (C) 2712/2016 order dated 26.07.2017 & PCIT vs. Kaizen Products Pvt. Ltd. (presently known as AAS Research & Solutions (P) Ltd. upon amalgamation with Ventura Research & Solutions (P) Ltd.) order dated 25.07.2017, judgments of Hon'ble Apex Court in case of Pr. CIT vs. Maruti Suzuki India Ltd. in C.A. No.5409 of 2019 dated 25.07.2019, M/s. Dalmia Power Ltd. vs. ACIT in CA No.9496-099 of 2019 and decisions of coordinate Bench of the Tribunal in Nirvana Lifestyle Pvt. Ltd. (no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able in such a case. The framing of assessment against a non-existing entity/person goes to the root of the matter which is not a procedural irregularity but a jurisdictional defect as there cannot be any assessment against a dead person." 12. Aforesaid decision has been confirmed by the Hon'ble Apex Court vide order dated 02.11.2017 passed in Civil Appeal No.285-286opf -2014. 13. Similarly, Hon'ble Apex Court in case of Pr.CIT vs. Maruti Suzuki India Ltd. (supra) also quashed the assessment framed on amalgamating company by returning following findings :- "33 In the present case, despite the fact that the assessing officer was informed of the amalgamating company having ceased to exist as a result of the approved scheme of amalgamation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the record further shows that in the aforesaid cases, AO had resorted to futile exercise of framing assessment in the name of non-existent entity despite the fact that factum of amalgamation has been duly intimated by Shri Hemant Gupta on 16.01.2015 by recording his statement with Investigating Wing, available on pages 1 to 8 of the paper book, during the course of search & seizure operation and AO has also been intimated by the Authorized Representative vide letter dated 07.12.2013 filed on 17.12.2013, available at page 34 of the paper book, duly extracted by the ld. CIT (A) in para 4.1.3 of the impugned order that, "since M/s. Sarla Fabrics (P) Ltd. stood merged and amalgamated with Shahi Exports Pvt. Ltd. vide judgment passed by Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X
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