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2015 (9) TMI 1423 - ITAT DELHI

2015 (9) TMI 1423 - ITAT DELHI - TMI - 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 b .....

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ubject 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 (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/De .....

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stant assessment framed on non existing 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 .....

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puted facts are not called in question: 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 und .....

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aining addition u/s 68 & 69C re amounting 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 .....

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eal. 2. The facts of the case relevant 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 .....

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