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TMI Blog2023 (4) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... rco Undercarriage India Pvt. Ltd. being the amalgamating company had ceased to exist and as we have examined all the respective orders passed by the revenue authorities post such amalgamation are in the name of the said M//s. Berco Undercarriage India Pvt. Ltd. the amalgamating company which wasn't existing anywhere after amalgamation - All orders issued post this amalgamation in the name of M/s. Berco Undercarriage India Pvt. Ltd. becomes substantially illegal, invalid and void ab-initio. Decided in favour of assessee. - ITA No. 176/PUN/2022 - - - Dated:- 13-4-2023 - SHRI R. S. SYAL , VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY , JUDICIAL MEMBER For the Appellant : Shri Pratik Shah For the Respondent : Shri Shivraj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quashed. The Appellant craves leave to add, alter, amend or withdraw all or any of the Grounds of Appeal and to submit such statements, documents and papers as may be considered necessary either at or before the appeal hearing. 3. The relevant facts in this regard are that M/s. Berco Undercarriage India Pvt. Ltd. was a private limited company incorporated under the Indian Companies Act, 1956. It was succeeded in its business by M/s. Rothe Erde (I) Pvt. Ltd., the assessee in this case, under the scheme of amalgamation approved by National Company Law Tribunal (hereinafter referred to as NCLT‟ for short), Mumbai, vide order dated 25-10-2018. The case for the captioned assessment year was selected for scrutiny. The aforestated fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... body of their respective orders, the transfer pricing order dated 26-1-2021, draft assessment order dated 30-3-2021 and the ld. D.R.P‟s directions dated 20-12-2021 were issued in the name of M/s. Berco Undercarriage Indi Pvt. Ltd. which is the non-existent entity at that point of time. 4. We have heard the rival contentions, considered the documents, material available on record and analysed the facts and circumstances on this legal issue. We observe from the order passed by the NCLT Mumbai approving the scheme of amalgamation wherein M/s. Berco Undercarriage India Pvt. Ltd., a private limited company was succeeded in its business by M/s. Rothe Erde (I) Pvt. Ltd. vide order dated 25-10-2018. In other words, from 25-10-2018, after a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he named entity was not in existence at the relevant time of passing of the respective orders due to the said amalgamation. Meaning thereby all orders of the department have been issued in the name of a non-existent entity. In this scenario, we are guided by decision of Hon‟ble Apex Court in the case of PCIT Vs. Maruti Suzuki India Ltd. (107 taxmann.com 375) (SC) where it has been held that the assessment order passed in the name of non-existing company i.e. amalgamating company, which ceased to exist, is a substantive illegality and invalid. Reverting to the facts of the present case, after approval of scheme of amalgamation by NCLT Mumbai dated 25-10-2018 the entity M/s. Berco Undercarriage India Pvt. Ltd. being the amalgamating com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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