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2015 (3) TMI 1208 - ITAT DELHI

2015 (3) TMI 1208 - ITAT DELHI - TMI - Validity of assessment against non existent entity - Held that:- The assessee, viz Eicher International Limited was incorporated under the Companies Act, 1956 on 09.03.1994. vide scheme of amalgamation u/s 391 to 394 of the Companies Act, 1956, the assessee merged with Eicher Goodearth Ltd. vide order of the Delhi High Court, dated 06.07.2006, with effect from the appointed date viz 1st April, 2005. And in terms of the said order, a certified copy of the or .....

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06 and so the additional ground allowed in favour of assessee. 10. Since we have quashed the assessment proceedings we are not inclined to adjudicate other grounds raised by the assessee and the revenue being academic. - ITA No. 1824/Del/2011 & ITA No. 2358/Del/2011 - Dated:- 4-3-2015 - SHRI S.V. MEHTORA, ACCOUNTANT MEMBER AND SHRI A. T. VARKEY, JUDICIAL MEMBER O R D E R PER A. T. VARKEY, JUDICIAL MEMBER Appellant by : Sh. Gaurav Jain, Adv Bhavita, Adv Respondent by : Parwinder Kaur, Sr. Dr T .....

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mstances of the case, the assessing officer has erred in framing the assessment on a non-existent entity which was merged with Eicher Goodearth Ltd. w.e.f. 01.04.2005. 3. However, we find that the assessee had infact raised the said legal ground as an additional ground before the CIT(A) that the assessee company was non-existent on the date when the assessment order was passed, so the order against non-existent entity is a nullity. However we find that the said additional ground was not pressed .....

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Equivalent citation (1970) 76 ITR 582 (Kar) 3. M/s. The co-op Industrial Estates Ltd Vs. Income Tax Officer, ITA No.658/Hyd/2008. 5. The issue whether a legal ground can be raised for the first time before this Tribunal is no longer res-integra. In NTPC Vs CIT (1998) 229 ITR 383, the Hon ble Supreme Court has held that question of law raised for the first time can be adjudicated by the Tribunal. Therefore we admit the legal ground as to whether the impugned order passed against the non-existent .....

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udgments cited supra she prayed that this ground may be rejected. 6. We have heard both the parties and have perused the records. This issue raised before us is no longer res-integra. The Hon ble Delhi High Court in the case of CIT Vs. Dimension Apparels Pvt. Ltd. in ITA No.327/2014, ITA 328/2014, ITA 329/2014 , ITA 330/2014 and ITA 332/2014 dated 08.07.2014, concurring with the order of it s own Division Bench in Spice Entertainment Ltd. Vs. CIT, ITA No.475/2011, wherein the Hon ble High Court .....

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here was only a procedural defect. 10. Section 481 of the Companies Act provides for dissolution of the company. The Company Judge in the High Court can order dissolution of a company on the grounds stated therein. The effect of the dissolution is that the company no more survives. The dissolution puts an end to the existence of the company. It is held in M.H. Smith (Plant Hire) Ltd. Vs. D.L. Mainwaring (T/A Inshore), 1986 BCLC 342 (CA) that "once a company is dissolved it becomes a non-exi .....

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the said dead person‟. When notice under Section 143 (2) was sent, the appellant/amalgamated company appeared and brought this fact to the knowledge of the AO. He, however, did not substitute the name of the appellant on record. Instead, the Assessing Officer made the assessment in the name of M/s Spice which was non existing entity on that day. In such proceedings and assessment order passed in the name of M/s Spice would clearly be void. Such a defect cannot be treated as procedural def .....

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