9911796707
TMI Blog2022 (5) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... t, return of income for the AY 2006-07 was filed on 24/11/2016 declaring loss of Rs. 26,784/-. The same was processed u/s 143(1) of the Act vide intimation dated 09/08/2007. Subsequently the case was reopened under section 147 of the Act vide notice dated 25/03/2013. The assessment under section 147/143(3) of the Act was completed vide order dated 10/03/2014 at total income of Rs. 2,60,04,960/- making addition of Rs. 2,60,00,000/- u/s 68 of the I.T. Act. As against the assessment order dated 10/03/2014, the assessee has preferred an appeal before CIT(A) -28, New Delhi and the appeal filed by the assessee has been dismissed on 05/09/2016 by the CIT(A). 3. Aggrieved by the order dated 05/09/2016 passed by CIT(A) the assessee has preferred th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant assessment year and the assessment has already been made under Section 143(3). 5. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in rejecting the contention of the assessee that the order passed by learned A.O. is bad both in the eye of law and on facts, as the assessee had already disclosed fully and truly all material facts necessary for the assessment under Section 143(3). 6. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in rejecting the contention of the assessee that the order passed by learned A.O. under Section 147 is bad both in the eye of law and on facts, as the same has been passed without service of statutory notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oth on facts and in law in confirming the addition despite the same having been made on the basis of material collected at the back of the assessee without giving him an opportunity to rebut the same. 13. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the addition by rejecting the contention of the assessee that no adverse inference can be drawn against the assessee on the basis of some statement recorded without giving assessee an opportunity to cross examine. Additional grounds 1. The applicant has filed the above said appeal No. 8128/Del/2018 on 30th November, 2018 against the order dated 05.09.2016 passed by the learned Commissioner of Income Tax (A)- 28, New Delhi u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed Form No. 36 along with additional grounds of appeal on 21/01/2021. The said additional ground is in respect of passing the order by the Ld. A.O and CIT(A) against non existence of the entity. Since, the said ground is purely a question of law and in the peculiar facts and circumstances of the case we admit the additional grounds of appeal. 5. The main contention of the Ld. AR is that, M/s Saurabh Overseas Pvt. Ltd. has been merged with DBG Leasing and Housing Ltd. w.e.f. 07/05/2011 pursuant to the order of High Court of Delhi dated 21/01/2011. The said fact of merger has been intimated by DBG Leasing and Housing Ltd. to the Assessing Officer vide letter dated 18/06/2011 which has been acknowledged on 27/07/2011 by the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice u/s 142(1) of the Act in the name of M/s Saurabh Overseas Pvt. Ltd., The assessment order has been passed u/s on 147/143(3) of the Act on 30/03/2014 against M/s Saurabh Overseas Pvt. Ltd., on the which dates M/s Saurabh Overseas Pvt. Ltd. was non existing entity. Therefore, in our considered opinion, passing the assessment order against non existing entity is not sustainable in the eyes of law and the same is void ab initio. 8. Accordingly, we quash the assessment order dated 10/03/2014 and also the order of CIT(A) dated 05/09/2016 by allowing the addition grounds of appeal taken by the assessee. The other grounds of appeal are dismissed having become infructuous. 9. In the result, the appeal of the assessee is allowed. Order pronoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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