TMI Blog2015 (6) TMI 800X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee to Co-operate and not seek undue or unwarranted adjournments. - Decided in favour of asssesse for statistical purposes. - ITA No. 4008 to 4023/Del/2013 - - - Dated:- 19-6-2015 - Sh. N. K. Saini and Sh. George George K., JJ. For the Petitioner: Sh. Sudhir Sehgal Sunil Mathur, Adv. For the Respondent: Smt. Anuradha Mishra, CIT DR ORDER PER BENCH : These appeals of the assessee having some common issues were heard together so these are being disposed off by this consolidated order for the sake of convenience and brevity. 2. ITA Nos. 4010 to 4013/Del/2013, 4015 to 4019/Del/2013 and 4022-4023/Del/2013 are appeals on quantum additions while ITA Nos. 4008-4009/Del/2013, 4014/Del/2013 4020-4021/Del/2013 are appeals on penalty. 3. Facts related to these cases as emerging from the orders of the authorities below and the written submissions made by the assessee in brief are that M/s Asian Consolidated Industries Ltd. incorporated on 18.01.1985 was engaged in the business of manufacturing of open top sanitary and general line canes. There were two other sister concerns namely M/s Asian Closures Ltd. M/s Trans Asia Packaging Ltd. The sister concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax Department ranges for the assessment years 1991 to 2001. The company was ordered to be wound up by this Court vide order dated 07.01.1999 passed in CP-8-1998. Since the permission of this Court is required to assail the post-winding up assessment orders only, hence the ex-management would be at liberty to challenge such orders in accordance with law through the statutory appeal/revision, if so permissible in law. As regards the assessment orders pertaining to pre-winding up period, learned counsel for the ex-management undertakes to approach the Income Tax Department i.e. the Chairman, Central Board of Direct Taxes (CBDT), North Block, New Delhi for settlement of the claim, within a period of one month from the date of receipt of a certified copy of this order. Ordered accordingly. 4. In the present case, the petition for revival of the company was filed by the management/ex-management of the company vide CA No. 393 of 2013 CP No. 6 of 2013 by stating that the ex-management had failed to approach the tax authorities within the stipulated period fixed by order dated 08.05.2013 and a request was made to enlarge the period fixed so as to enable the ex-manag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed, the assessee was prevented by sufficient reasons in not able to contest the appeal which was decided at its back. 3. That it is by virtue of the order of Hon ble Punjab Haryana High Court at Chandigarh dated 08.05.2013, that the ex-management of the assessee company was permitted to contest the orders by which huge demands were created before the appropriate authorities. It is only when permitted by the Hon ble High Court that the assessee company was able to file its appeal before the Hon ble ITAT which is registered at ITA No. 4010/Del/2013. 4. That it is submitted that the present appeal is being filed in pursuance of the liberty given by the Hon ble Punjab Haryana High Court having regards to the circumstances and facts relating to inability of the assessee company to appeal earlier. 5. In view of the above submissions, it is most respectfully submitted that the delay in submitting the present appeal may kindly be condoned as the assessee was prevented by sufficient and reasonable causes. It is prayed that the appeal may kindly be heard and disposed of on merits. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s erred in law and on fact in not considering that companies M/s Asian Closures Ltd. (ACL) and M/s Trans Asia Packaging Ltd. (TAPL) having merged with M/s ACIL under the orders of the Punjab Haryana High Court under the law only one assessment in the case of ACIL was to be made. The framing of three different assessments in the case of all the three companies and the disallowance of various expenses in the hands of those companies is therefore illegal and invalid. 6. That the Assessing Officer has made various addition without calling for the records details from the Official Liquidator who was having custody of the same and without giving any notice to him and in any case, no opportunity is afforded to the Assessee Company. 7. That the material collected at the back of Assessee relied upon by the AO was never confronted to the Assessee and the submissions made before the CIT(A0 in the first round of Appeal by the Assessee and the direction given by the Learned Commissioner of Income Tax (Appeals) while setting aside the case have not been followed/dealt with. 8. That the Assessing Officer has failed to appreciate that all the record was in custody of the Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant. 15. That the above grounds of appeal are independent and without prejudice to one and another. The appellant craves leave to add, alter, amend or delete any of the grounds of appeal at the time of hearing especially when the details sought by the Assessee Company from the Assessing Officer vide various letters have not been made available to the Assessee Company in pursuance to the Hon ble High Court s order dated 08.05.2013 received by the Assessee Company on 28.05.2013. 8. During the course of hearing the ld. Counsel for the assessee requested for setting aside these appeals to the AO and stated in writing as under: a) Assessments of the assessee for AYs 1996-97 to 2001-02 stands set-aside u/s 264 of the Income Tax Act. In order to avoid the situation that proceedings be completed by multiple authorities, the assessments for AY 91-92 to 95- 96 may also be completed by one authority and most of the grounds are common with the order as passed u/s 264 viz. present appeals and, as such, suitable orders be passed as the Hon ble Bench may deem it fit in the interest of justice and equity. b) The issue related to amalgamation of companies, giving eff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d collection of information would be very difficult. The AO has powers u/s 133(6) which can be used for the assessments to be framed in an equitable and justified manner. It is not out of place to mention that previously most of the assessments were framed in an ex-parte manner, without due verification and appraisal of the facts. Hence in order to get a justified correct determination of income, the same may be finalized afresh by the Assessing Officer, after verification of the facts and records either submitted by the assessee or requisition u/s 133(6). Thus, in view of the later developments by the Hon ble High Court orders, it is prayed that the orders as passed be set aside to the file of Assessing Officer as has been done by the CIT-I, Delhi. 9. The ld. Counsel for the assessee reiterated the aforesaid submissions and requested that the appeals under consideration may be set aside to the AO since the facts for the years under consideration are similar to the facts involved for the assessment year 1996-97 wherein the ld. CIT-I, Delhi while exercising his power u/s 264 of the Income Tax Act, 1961 (hereinafter referred to as the Act) has set aside the issues to the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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