TMI Blog2017 (9) TMI 1462X X X X Extracts X X X X X X X X Extracts X X X X ..... any. Therefore, we set it aside. The Revenue’s appeal is accordingly allowed. - ITA No. 932/Hyd/2015, C.O No. 48/HYD/2015 - - - Dated:- 22-9-2017 - Smt P. Madhavi Devi, Judicial Member And Shri S. Rifaur Rahman, Accountant Member Revenue by : Shri P. Chandra Sekhar Assessee by : Shri Sampath Raghunathan ORDER Per P. Madhavi Devi, J. M. The appeal is filed by the Revenue while the cross objection is filed by the assessee for the A.Y 2009-10 against the order of CIT(A)-55, Mumbai dated 27.02.2015. 2. At the outset, it is noticed that the Revenue s appeal is barred by a period of 12 days. The Revenue has filed an application for condonation of delay stating that the delay has occurred due to the delay in obtaining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d its appeal before the CIT(A) who granted partial relief to the assessee i.e he has held the assessment in the name of the amalgamating non-existing company as not sustainable. As regards the other grounds of the appeal, he refused to adjudicate the same and treated them as dismissed. Against the relief granted by the CIT(A), Revenue is in appeal before us while the assessee is in cross objection seeking direction to the CIT(A) to adjudicate the other grounds of appeal taken by the assessee in its appeal before the CIT(A). 4. The Revenue has raised the following grounds of appeal. 1. In the f acts and circumstances of the case, the Ld. CIT(A) ought to have appreciated the f act that facts in the case of M/s. Saraswati Industrial Sy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Thus, according to the Ld. DR, the finding of the CIT(A) that the assessment on a non-existing company is invalid is not sustainable. Further the Ld. DR has drawn our attention to both the assessment order as well as the order of the CIT(A) to demonstrate that they are passed in the name of the amalgamated company only and the only reference if any to the amalgamating company is the PAN No. and that too for the purpose of identifying the amalgamating company from the amalgamated company. And therefore, according to him, there is no prejudice caused to the assessee by such an assessment order. 7. The Ld. Counsel for the assessee, on the other hand, supported the orders of the CIT(A) and also placed reliance upon various judicial precede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the issue of merger to the A.O of M/s B.A. Continuum India Private Limited (amalgamated company) as well as the CIT. The PAN number of the assessee as mentioned in the above letters is also that of Merrill Lynch India Technology Services Pvt. Ltd. After merger, the name of the company has been changed to M/s B.A. Continuum India Private Limited but with the PAN No. AAECM0854D. However, the A.O issued notices on 17-11-2012 to the assessee in its old name, in response to which, the assessee, vide letter dated 24-12-2012, describing itself as M/s B.A. Continuum India Private Limited, also bought to his notice that its PAN No. AAECM0854D has been surrendered post-merger with M/s B.A. Continuum India Private Limited. The PAN No. of M/s B.A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of the amalgamating company and also the amalgamated companies have been completed separately, but in the name of the amalgamating company only. The only difference is in the PAN Nos. mentioned in the assessment years. As rightly held by the CIT(A), the amalgamating company was in existence for the A.Y 2008-09, though by the time of the assessment, it had amalgamated with the amalgamated company. On bringing the f actum of amalgamation to the notice of the AO, the case has been transferred to the jurisdiction of the AO under whom, the amalgamated company s registered office was located and the assessment is also made in the name of the amalgamated company. The mention of the PAN No. of the amalgamating company is only to differentiate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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