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Commissioner of Income Tax, (Central-II) Versus Mayank Traders (P) Ltd.

2015 (9) TMI 235 - DELHI HIGH COURT

Validity of assessment u/s 153A framed on a non-existent entity - ITAT referring to the decision of CIT v. Vived Marketing Services Pvt. Ltd. (2009 (9) TMI 917 - Delhi high court) which held that an assessment could not be validly framed on a non-exi .....

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vant time. Similarly in Spice Enfotainment Ltd. v. CIT (2011 (8) TMI 544 - DELHI HIGH COURT) it was held by this Court that the defect of passing an assessment order in respect of an entity that had ceased to exist on the date of such order, could no .....

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defect of the assessment having been framed against an entity that had ceased to exist in the eye of law. - Thus the impugned common order of the ITAT does not call for interference - Decided against revenue. - ITA No. 466/2015 ITA No. 467/2015, ITA .....

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i Aggarwal, Senior Standing Counsel with Ms Lakshmi Gurung, Junior Standing Counsel ORDER 1. These appeals by the Revenue are directed against the common order dated 28th November, 2014 passed by the Income Tax Appellate Tribunal ( ITAT ) in ITA Nos. .....

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the premises of the Respondent on 20th October, 2008 and notices under Section 153A (1) of the Act were issued to it on 29th March, 2010 requiring into to file its return for the AYs previous to the relevant AY in which the search was conducted. One .....

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by the aforementioned notice was bad in law. 3. After the Assessing Officer (AO) rejected the above plea, the Respondent appealed to the Commissioner of Income Tax (Appeals) [CIT (A)]. The CIT (A) also rejected the plea noting that the return of inco .....

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Respondent was corresponding with the AO by letter dated 18th November, 2010 in its own name without referring to its amalgamation with OPPL and it was only in the month of December, 2010 when the limitation period for assessment was nearing an end .....

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sment could not be validly framed on a non-existent entity. 5. Recently this Court has in an order dated 19th August 2015 in ITA No. 582 of 2015 (PCIT v. Images Credit and Portfolio Pvt. Ltd) held that proceedings under Section 153C could not be init .....

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