Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Rainbow Oxygen (P) Ltd. (Merged with Aditya Air Products P. Ltd.) , C/o Sh. Kapil Goel, Adv. Versus ITO, Ward 15 (2) New Delhi

2015 (9) TMI 1423 - ITAT DELHI

Validity of assessment against non existing person - Held that:- CIT-A erred in not quashing the instant assessment framed on non existing person. CIT-A erred in not quashing the instant reopening being made in apparent violation of mandatory jurisdictional conditions stipulated under the law. CIT-A erred in not quashing the instant reopening made on basis of borrowed satisfaction, without independent application of mind and merely on information supplied by investigation wing and without any va .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

from para 3.1 of AO's order;

iii. The adversarial statement never mentions assesee's name and hence not reliable for reopening and addition (lack of nexus & untested allegation);

iv. Assessee has adduced all relevant and required evidence to discharge its onus u/s 68 of the Act;

v. No visible effort is made by Ld AD to validly convert and translate stated directions of CIT-II (Central) into requisite findings; - ITA No.48/Del/2015 - Dated:- 16-9-2015 - SHRI J. SU .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

person where both on the date of issuance of jurisdictional notice u/s 148 (29.03.2012) and framing of assessment order dated 25.03.2003, assessee already stood amalgamated with M/s Aditya Air Products (P) Limited by Hon'ble High Delhi Court order dated 16.11.2011, and same was duly intimated to Ld AO vide letter dated 19.04.2012 during assessment proceedings. 2. That on the facts and in the circumstances of the case and in law, learned CIT-A erred in not quashing the instant assessment fra .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a. That assessee validly stood amalgamated by high court order dated 16.11.2011 copy available/filed to Ld AO during assessment proceedings; b. That no notice is issued at any stage to successor company; Invalid reopening (reasons, approval etc) 4. That on the facts and in the circumstances of the case and in law, learned CIT-A erred in not quashing the instant reopening being made in apparent violation of mandatory jurisdictional conditions stipulated under the law. 5. That on the facts and in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

unting to ₹ 500,000 and ₹ 500 on account of alleged unexplained share application money and alleged commission paid on said share application money dehors the fact that: i. In enquiry, bank has confirmed the aforesaid transaction to Ld AO; ii. In enquiry, share applicant u/s 133(6) has confirmed the subject transaction to Ld AD as evident from para 3.1 of AO's order; iii. The adversarial statement never mentions assesee's name and hence not reliable for reopening and addition .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

for my adjudication are that the assessee company got amalgamated with M/s Aditya Air Products Pvt.Ltd. by virtue of the Hon ble Delhi High Court order dt. 16.11.2011. This was duly intimated to the AO vide letter dt. 19.4.2012. The AO passed an order on 25.3.2013 on a non existing assessee. 2.1. Under these circumstances I have to quash the order of the AO as confirmed by the First Appellate Authority by applying the proposition laid down in the following cases. a) CIT vs.Radha Apparels P.Ltd. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version