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TMI Blog2024 (1) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... e Supreme Court in the case of PCIT Vs Maruti Suzuki India Ltd [ 2019 (7) TMI 1449 - SUPREME COURT] also held that where an assessee company was amalgamated with another company and thereby loss its existence, the assessment order passed subsequently in the name of same non-existent entity would without jurisdiction and was to be set aside. Keeping in view the fact that the assessee has intimated the AO at the earliest possible opportunity about the dissolution of assessee firm, the AO still issued notices in the name of non-existing entity and passed the order against such entity, therefore, assessment order is without jurisdiction and liable to be set aside and quash the same. Decided in favour of asseessee. - Shri Pawan Singh, Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lea before Assessing Officer as well as before the ld. CIT(A) that at the time of service of notice under Section 148 of the Income Tax Act, 1961 (in short, the Act), the firm was dissolved. Such fact was communicated to the Assessing Officer in response to notice dated 08.03.2013 issued under Section 133(6) of the Act, vide reply dated 14/03/2019. Copy of dissolution deed was also furnished with such reply. The assessee again in the statement of fact, filed before the ld. CIT(A), raised similar plea that the assessee firm was dissolved on 12/03/2012 and intimation of such fact alongwith dissolution of partnership firm and discontinuation of business was communicated to the Assessing Officer. Neither the Assessing Officer nor the ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the ld. CIT(A) restricted such addition to the extent of 12.5%. The ld. AR of the assessee submits that neither the sales of assessee was disputed nor the books of account was rejected. The Assessing Officer merely relied upon third party information without giving any finding on the evidences furnished by the assessee. The assessee has shown one to one correlation of purchases qua the sales once the sales of assessee was not disputed purchases, addition on account of expenses of purchase cannot be disallowed. The ld AR for the assessee submits that the assessee is liable to be succeeded on all three counts. 5. On the other hand, the learned Senior Departmental Representative (ld. Sr.DR) for the revenue supported the orders of lower a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both the parties and perused the record carefully. I have also deliberated on the various case laws relied upon by the ld. AR of the assessee. On perusal of record, I find that before issuing notice under Section 148 of the Act on 19/08/2019, the Assessing Officer issued notice under Section 133(6) of the Act on 08/03/2019 to assessee for seeking nature of business activities, return of income if any, filed by assessee with computation sheet, details of sales and purchase and bank statement. The assessee in response to such query, furnished their reply vide reply dated 14/03/2019. In reply, the assessee copy of acknowledgement of return for A.Y. 2012-13, bank statement and also submitted that firm Jainam Exports was dissolved. Copy of res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f same non-existent entity would without jurisdiction and was to be set aside. Keeping in view the fact that the assessee has intimated the Assessing Officer at the earliest possible opportunity about the dissolution of assessee firm, the Assessing Officer still issued notices in the name of non-existing entity and passed the order against such entity, therefore, assessment order is without jurisdiction and liable to be set aside and I quash the same. Since the assessee has succeeded on primary submission, therefore, adjudication of other submission on validity of reopening and on merit have become academic. 9. In the result, this appeal of assessee is allowed. Order announced in open court on 26th October, 2023. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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