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TMI Blog2013 (8) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... e grounds of appeal taken by the revenue read as under :- "1. That the Ld. CIT(A) erred in law and on facts of the case in upholding that assessment on a company which has been dissolved/amalgamated under section 391 and 394 of the Companies Act, 1956 is invalid. 2. That the Ld. CIT(A) erred in law and on facts of the case in deleting the addition of Rs. 33,22,754/- made on account of unexplained purchase U/S 69C of the I.T. Act. 3. That the Ld. CIT(A) erred in law and on facts of the case in accepting the transaction made in cash by the assessee company regarding sale and purchase. 4. That the Ld. CIT(A) erred in law and on facts of the case in deleting the addition of Rs. 3,77,171/- made on account of expenses and depreciation. 5. That the Ld. CIT(A) erred in law and on facts of the case in holding that the statement of various persons without being confronted to the assessee company have weak evidentiary value. 6. (a) The order of the CIT (A) is erroneous and not tenable in law and on facts. (b) The appellant craves leave to add, alter or amend any/all of the grounds of appeal before or during the course of the hearing of the appeal." The grounds taken by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments belonging to the assessee were seized. On the basis of those documents so found belonging to the assessee company, proceedings were initiated in the case of assessee u/s 153C read with section 153A of the Act. In response to notice u/s 153C read with section 153A, the assessee filed returns for the assessment years 2003-04 to 2008-09. The assessment in these years was completed by the Assessing Officer by making additions for purchases made in cash and some other misc. disallowance were also made. The Ld CIT(A) on the basis of various submissions deleted the additions made by the Assessing Officer on merits and also held that the company was not in existence at the time of assessment as it had already amalgamated with another company. Vide paras 15 to 17 at pages 24 to 27 of CIT(A)'s order, the issue is adjudicated as under :- "15. I have gone through the 'copy of Master Data' of Registrar of Companies. Delhi and Haryana, filed at (Page no.73 of the paper book.) As per the same the status of the appellant company is mentioned as "Amalgamated" meaning thereby dissolved. Accordingly, it is an admitted fact that the appellant company M/s Chanakya Exports Private Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 COMMISSIONER OF INCOME TAX vs VIVED MARKETING SERVICING Pvt. Ltd. is reproduced hereunder:- "When the Assessing Officer passed the order of assessment against the respondent company, it had already been dissolved and struck off the register of the Registrar of companies u/s 560 of the Companies Act. In these circumstances, the Tribunal rightly held that there could not have been any assessment order passed against the company which was not in existence as on that date in the eyes of law it had already been dissolved. The Tribunal relied upon its earlier decision in Impsat Pvt. Ltd. vs. ITO 276 ITR 136 (AT). We are of the opinion that the view taken by the Tribunal is perfectly valid and in accordance with law. No substantial question of law arise." The gist of the jurisdictional Delhi Tribunal's order in the case of IMPSAT (Pvt.) Ltd. vs ITO ITAT, Delhi 'A' Bench (2005) 92 TTJ (Del) 552 is reproduced hereunder:- Held "Assessment - Validity- Assessment on dissolved company- Assessment on a company which has been dissolved and struck off the register of companies u/s 560 of the Companies Act,1956, is invalid, even though the company participated in assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... favour of the appellant." Aggrieved the revenue is in appeal before us in respect of all years and Assessee has filed cross objections to these appeals. 4. At the outset, the ld. AR submitted that this issue raised in ground no.1 in all the revenue's appeal is covered by the decision of ITAT, Delhi Bench 'B' in the assessee's sister concern in the case of ACIT vs. Dimension Apparels Pvt. Ltd. in ITA Nos.571 to 576/Del/2012 dated 21.06.2013. Ld. DR was not having any contrary view in this regard. 5. We have heard both the sides on this issue. The ITAT, in the case of ACIT vs. Dimension Apparels Pvt. Ltd., cited supra, has confirmed the order of the CIT (A) by holding as under :- "Aggrieved the revenue is in appeal before us in respect of all years and Assessee has filed cross objections to these appeals. At the outset, the Ld DR submitted that Ld CIT(A) had wrongly relied upon the case law of Micra India Pvt. Ltd. as in that case this ground was never taken. It was further argued that in response to notice u/s 153C read with section 153A the assessee had filed returns in its own name and had also participated in the proceedings and therefore the stand taken b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that returns were filed by the non existent company just to comply the notices issued in this behalf and returns were filed in protest which was noted on the acknowledgement itself wherein it was contested that the notices were bad and illegal and without jurisdiction. Regarding argument of Ld DR that assessee has been changing its status frequently, the Ld AR submitted that these observations have no bearing on the finding of the impugned order. The ld AR further relied upon the case law and on merits also but his basic argument remained that the assessment order was null and void ab initio as the company was non existent. We have heard the rival submissions of both the parties and have gone through the material available on record. We observe that notice u/s 153C was issued on 31.12.2010 for assessment year 2003-04 as is apparent from paper book page 1 filed by the assessee. The assessee in reply to letter dated 01.11.2010 of ACIT -Central, Circle-21, New Delhi, at page 68 of paper book had submitted as under: "The Assessee company would like to submit it has already been amalgamated with M/s BS Infratech Pvt. Ltd. vide Delhi High Court dated 07.12.2009 passed u/s391(2) and 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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