TMI Blog2020 (12) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer has got knowledge about the merger and if jurisdictional notice is issued to the non-existent entity the consequent assessment is bad under law. In this matter having knowledge about the merger of M/s Anjani Exports Pvt. Ltd. with the M/s Anjani Technoplast Ltd., where back by 16.12.2009, the learned Assessing Officer issued the jurisdictional notice dated 25.03.2014 on M/s Anajani Export P. Ltd. which was not in existent as on the date, to the knowledge of the Learned Assessing Officer, and, therefore, the assumption of jurisdiction by the learned Assessing Officer u/s 147 of the Act is bad - Decided in favour of assessee. - ITA No.-1865/Del/2017 (Assessment Year: 2007-08) - - - Dated:- 14-9-2020 - SHRI G.S. PANNU, HON BLE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is false. Learned Assessing Officer further observed that M/s Anjani Technoplast Ltd. is legally bound to make compliance in respect of all acts/deeds of M/s Anajni Export Pvt. Ltd. who in effect to the order of the Hon ble Delhi High Court has merged/amalgamated with M/s Anjani Technoplast Ltd. Learned Assessing Officer, accordingly by order dt. 31.03.2015, passed u/s 147/144(1) of the Act in the case of M/s Anjani Technoplast Ltd. made an addition of ₹ 2.75 crores on account of unexplained cash credit and ₹ 5.5 lakhs on account of unexplained expenditure. 3. Assessee challenged the action of the Learned Assessing Officer before the Learned CIT(A) on several grounds including the jurisdiction exercised by the learned Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el) affirmed by Hon'ble Apex Court vide Civil Appeal No. 3125 of 2015; Spice Entertainment Ltd. vs. CIT [2012] 247 CTR (Del.) 500 (Del.) approved by Apex Court by dismissing SLP of revenue in CA 285/2014 Dt: 02.11.2014; CIT vs Micron Steel P Ltd 372 ITR 386 (Del); CIT vs Micra India P Ltd 231 Taxman 809 (Del) and so many decisions of other High Courts. 5. Per contra, Ld. DR submitted that the assessee did not inform the learned Assessing Officer about the merger before issuance of notice u/s 148 of the Act and, therefore, it is not open for the assessee to contend that there is no proper assumption of jurisdiction. He also submitted that for this reason the decision relied upon by the assessee are not applicable to the facts of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it stated that the merger was w.e.f. 01.04.2006, the assessee was in existence up to 29.08.2007, and, therefore, M/s Anjani Exports Ltd. was rightly given notice u/s 148 of the Act. Further, Learned CIT(A) also adopted the same way of reasoning to justify the issuance of notice u/s 148 of the Act to M/s Anjani Exports Pvt. Ltd. instead of M/s Anjani Technoplast Ltd. with whom M/s Anjani Exports P. Ltd. got merged. 8. In CIT vs. Maruti Suzuki India Pvt. Ltd. (2019) 416 ITR 613 (SC), the Hon ble Apex Court considered the decision of the Hon ble Delhi High Court in the case of Skylite Hospitality LLP Vs. ACIT (2018) 405 ITR 296 and the argument of the assessee that the amalgamated company cannot be regarded as a person in terms of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent entity the consequent assessment is bad under law. 11. For the foregoing reasons, we are of the considered the opinion that in this matter having knowledge about the merger of M/s Anjani Exports Pvt. Ltd. with the M/s Anjani Technoplast Ltd., where back by 16.12.2009, the learned Assessing Officer issued the jurisdictional notice dated 25.03.2014 on M/s Anajani Export P. Ltd. which was not in existent as on the date, to the knowledge of the Learned Assessing Officer, and, therefore, the assumption of jurisdiction by the learned Assessing Officer u/s 147 of the Act is bad and consequently assessment also cannot be sustained and the same is accordingly liable to be quashed. We, accordingly, set aside the orders of the authorities below ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
