9911796707
TMI Blog2023 (12) TMI 1121X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, assessment cannot be quashed as the status of the assessee continued for the year under consideration. HELD THAT:- The undisputed fact is that the status of the assessee changed from private limited company to a limited liability partnership on 22.04.2019. It is also not in dispute that immediately the assessee informed not only the jurisdictional Assessing Officer but also the PCIT. Also undisputed fact that subsequent to the change of status, all the notices were replied by the assessee in the name of LLP. Therefore, it can be stated that the change of status was brought to the knowledge of the Assessing Officer in all possible ways. Yet, the Assessing Officer chose to frame the final assessment order in the name of a no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent order as invalid without considering the decision of the Hon'ble Supreme Court in the case of Mahagun Realtors (P) Ltd. The other grievance of the Revenue which is not emanating from the order of the NFAC relates to the addition on account of ESOP expenditure and delay in depositing the employees Provident Fund. 3. Briefly stated, the facts of the case are that the assessee filed its return of income on 31.10.2017 which was selected for scrutiny assessment and accordingly statutory notices were issued and served upon the assessee. 4. On 22.04.2019, Ameriprise India Pvt Limited was converted into Ameriprise India LLP under the provisions of LLP Act and on 09.05.2019, jurisdictional Assessing Officer and PCIT were informed about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso been submitted by the appellant that during the course of assessment proceedings, submissions were also filed in the name of Ameriprise India LLP, giving due disclosure of conversion of Company into LLP. Therefore, assessment order 'framed and passed on a non-existent entity is against the provision of law and liable to be quashed. 5.2 I have carefully gone through the ground of appeal, statement of fact assessment order passed by the AO, written submission uploaded and judicial decisions relied upon by the appellant on the issue. It is an admitted fact that Additional CIT (Special Range-1), Delhi, was informed about conversion of the appellant company into LLP vide letter dated 07 May, 2019 with a copy to Principal CIT-1, New De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pite being informed of the amalgamation, was null and void by relying upon the decision of the Hon'ble Supreme Court in the case of Maruti Suzuki. 5.5 In view of the above facts and respectfully following the decision of Hon'ble Supreme Court as well as Jurisdictional Hon'ble Delhi High Court, I find force in the contention of the appellant that assessment order passed in the name of non-existent entity i.e. Ameriprise India Private Limited ('AIPL') is bad in law and without jurisdiction. Therefore, the assessment order framed and passed by the AO is quashed. Thus, Ground no. 1 of the appeal raised is allowed. 6.0 As the appellant has succeeded in Ground no. 1 of the appeal filed on technical ground challenging t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat immediately the assessee informed not only the jurisdictional Assessing Officer but also the PCIT. 11. It is also an undisputed fact that subsequent to the change of status, all the notices were replied by the assessee in the name of LLP. Therefore, it can be stated that the change of status was brought to the knowledge of the Assessing Officer in all possible ways. Yet, the Assessing Officer chose to frame the final assessment order in the name of a no-existent entity. The ratio laid down by the Hon'ble Supreme Court in the case of Maruti Suzuki Ltd 416 ITR 613 squarely applies and has been rightly followed by the NFAC. 12. Decision of the Hon'ble Supreme Court in the case of Mahagun Realtors [supra] is clearly distinguis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
