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TMI Blog2021 (3) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... dings non-est. Challenge to the jurisdiction of the Assessing Officer is allowed. - ITA No. 556/DEL/2018 - - - Dated:- 22-2-2021 - N.K. Billaiya, Member (A) And Suchitra Kamble, Member (J) For the Appellant : Sachit Jolly and Aayush Nagpal, Advs For the Respondents : Surender Pal, CIT-DR ORDER N. K. Billaiya, Member (A) This appeal by the assessee is preferred against the order dated 31.08.2017 framed u/s. 143(3) r.w.s. 144C of the Income tax Act, 1961 [hereinafter referred to as 'The Act' for short] pertaining to A.Y. 2013-14. 2. The challenge is three-fold - firstly, the assessee has challenged the jurisdiction of the Assessing Officer who has framed assessment on a non-existing entity. Secondly, the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... office of the Regional Director, South East Region, Hyderabad till 09.01.2017. 6. And finally, the Principal Bench of NCLT at New Delhi made the following observations at para 7 of its order: We have heard the counsels for the petitioners and also considered the representations made by the Regional Director, Northern Region vide representation dated 09.02.2017. An examination of the said representation/affidavit of Regional Director, Northern Region, Ministry of Corporate Affairs, New Delhi discloses that despite letter dated 17.10.2016 to the Principal Commissioner of Income tax, New Delhi, no observations/specific comments have been received from the said office. 7. In light of the above evidences, we have no hesitation to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the term is used may show that it is intended to include such an acquisition. See: Halsbury's Laws of England (4th edition volume 7 para 1539). Two companies may join to form a new company, but there may be absorption or blending of one by the other, both amount to amalgamation. When two companies are merged and are so joined, as to form a third company or one is absorbed into one or blended with another, the amalgamating company loses its entity. (iv) Fourthly, upon the amalgamating company ceasing to exist, it cannot be regarded as a person under Section 2(31) of the Act 1961 against whom assessment proceedings can be initiated or an order of assessment passed; (v) Fifthly, a notice under Section 143 (2) was issued on 26 Septembe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;BLE MEMBERS INCOME TAX APPELLATE TRIBUNAL 1-1 BENCH, NEW DELHI MAY IT PLEASE YOUR HONOURS: In the case of : M/s. GE India Exports Pvt. Ltd. Appeal No. : 556/Del/2018 Asstt. Year : 2013-14 Date of hearing on : 22/2/2021 Subject: Request for Adjournment - Reg. Respectfully submitted that in the above appeal, the assessee/AR has not filed any documents or Paper Book in this office. Therefore, it would not be possible for the undersigned to go ahead with the hearing. Moreover, in view of the vital Gs.O.A. No. 2 and 3, which challenge the very jurisdiction of the AO to pass the assessment order in this case, on the earlier entity, it is very important that the report of the AO is called for al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. 13. Most importantly, in both the orders of the NCLT, it has been specifically mentioned that despite the letter dated 17.10.2016 to the CIT, New Delhi, no observations/specific comments have been received from the said offices. In our considered opinion, in these trying times, if the soft copies of the aforementioned public documents were not available with the ld. DR, would not justify in keeping the appeal in abeyance. We are of the view that if such appeal can be disposed of easily with the help of the orders, there would not be any delay in the delivery of justice. We, accordingly, allow the appeal of the assessee. 14. In the result, appeal of the assessee in ITA No. 556/DEL/2018 is allowed. The order is pronounced in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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