9911796707
TMI Blog2024 (11) TMI 1256X X X X Extracts X X X X X X X X Extracts X X X X ..... ] wherein Hon ble Supreme Court held that the assessment made in the name of Suzuki Power Train India Ltd. is a nullity since the entity has been amalgamated with the Maruti Suzuki India Ltd., an approved scheme of amalgamation and was not in existence at the time of amalgamation. he assessment framed in the instant case in the name of non-existing company thus, suffers from vice of jurisdictional defect and is not a procedural irregularity which can be possibly cured u/s 292BB of the Act. Revenue appeal dismissed. - Shri Pradip Kumar Kedia, Accountant Member And Shri Sudhir Kumar, Judicial Member For the Appellant : Shri Ramesh Chand, Sr. DR For the Respondent : Shri Salil Agarwal, Sr.Adv., Shri Madhur Agarwal And Shri Mahir Agarwal, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. CIT has erred while providing the relief to the Assessee without giving an opportunity to Assessing Officer to examine the correct facts. This is in effect a violation of Rule 46A of the Income- tax Rules. 5. Ld. CIT (A) has only seen the reporting of the transaction in computation and ITR of the successor entity, whereas the correctness of the claim, which was the core issue of the assessment proceedings has not been scrutinized and addressed. 6. The order of Ld.CIT(A) is erroneous and is not tenable on facts and in law. 7. The grounds of appeal are without prejudice to each other. 3. The company Queens Gardens Pvt.Ltd. was amalgamated with the assessee namely, Uppal Agencies Pvt.Ltd. vide order dated 18.04.2002 by virtue of the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gamated with M/s. Uppal Agencies Pvt. Ltd. vide order dated 18.04.2022 of Hon'ble Delhi High Court. Further, M/s. Uppal Agencies Pvt. Ltd. was amalgamated with the appellant company vide order dated 07.08.2006 passed by Hon'ble Delhi High Court. Accordingly, the initiation of proceeding was in the name of non-existing entity and thus bad in law. The Assessing Officer has observed in the Assessment Order that the proceedings u/s. 147 was initiated against M/s. Queens Gardens Pvt. Ltd. as it was appearing as non-filler of Income Tax Return in the Income Tax Database and the letters issued to it for verification of transactions with respect to sale of immovable property was not replied. The Assessing Officer noted in the Assessment Ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eleted. 10. Ground no.4 pertains to initiation of penalty proceedings u/s 271(1)(c)/271(1)(b) of the Act. This ground is premature and needs no adjudication. 11. Ground no.5 is general in nature and does not require any specific adjudication. 5. We are in complete agreement with the view expressed by the Ld.CIT(A). Notice u/s 148 of the Act apparently has been issued in the name of the non-existent company. The nonest company could not file the return of income in pursuance of such notice of non-existent company. 6. It is settled position of law that assessment framed in the name of non-existent company based on enforceable of issuance of notice is of no consequence. We guided by the judgement rendered in the case of Pr.CIT vs Maruti Suzuki ..... X X X X Extracts X X X X X X X X Extracts X X X X
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