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TMI Blog2024 (9) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... onsequence. When the company has been delisted and amalgamated with the assessee company the assessment order passed by AO and confirmed by CIT(A) is nullity. The matter is squarely covered in favour of the assessee and against the Revenue by the Judgment of Spice Entertainment Ltd [ 2011 (8) TMI 544 - DELHI HIGH COURT] Respectfully following the decisions cited above the assessment order liable to be quashed and quashed accordingly - Appeal of assessee is allowed. - Dr. B.R.R. Kumar, Accountant Member And Sh. Sudhir Kumar, Judicial Member For the Appellant : Sh. Ved Jain, Advocate, Sh. Aman Garg, CA, Ms. Bulbul Sighal, CA For the Respondent : Ms. Sapna Bhatia, CIT DR ORDER PER SUDHIR KUMAR, JM: This appeal by the assessee is directed aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 17-10-2011 of the Hon ble High Court approving the scheme of amalgamation w.e.f. 01-04-2010. For the reason assessee company has not filed the return of income for A.Y. 2012-13. The income, expenses, assets, and liabilities of the amalgamating company were incorporated into the Return of income filed by the amalgamated company for A.Y.2012-13. The Assessing officer passed the order u/s 144 r.w.s. 147 of the Act assessing the total income of the assessee at Rs. 28,47,73,270/-. Aggrieved the order of the AO the assessee company has filed the appeal before the Ld CIT(A) who vide his order dated 27-10-2023 dismissed the appeal against which the assessee is in appeal before us. 4. The main issue to be decided is whether the final assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2008) 174 Taxmann 1 (Bomba) 9. CIT Vs. Cebon India Ltd. (2012) 347 ITR 583 10. Hon ble Delhi High Court in the case of PCIT vs. Silver Line (2016) 65 taxmann.com 137 (Delhi) 11. Hon ble Mumbai ITAT in the case of Sanjeev R. Arora Vs. ACIT (2013) 29 taxmann.com 287] 6. Per contra the DR strongly supported the findings of the lower authorities and sought for the dismissal of the appeal. 7. We have heard the parties and perused the material available on the record. 8. The AR has placed reliance on the following decision of Hon ble Delhi High Court in the case of Spice Entertainment Ltd. Vs. Commissioner of Service Tax [ ITA No.475 and 476 of 2011] wherein it was held as under :- 10. Section 481 of the Companies Act provides of dissolution of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclusion would be provisions of Section 292 B of the Act are not applicable in such a case. The framing assessment against a non-existing entity/ persons goes to the root of the matter which is not a procedural irregularity but a jurisdictional defect as there cannot be any assessment against a dead person. 17. The order of the Tribunal is, therefore, clearly unsustainable. We, thus, decide the questions of law in favour of the assessee and against the Revenue and allow these appeals. 9. On perusal of the order of the Ld CIT(A) reveals that the assessee has submitted before the authority that the assessee company has been amalgamated with the appellant company. The assessee has also submitted the date of amalgamation and the order of the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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