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TMI Blog2017 (3) TMI 1580X X X X Extracts X X X X X X X X Extracts X X X X ..... nd brevity. 2. First we deal with ITA No. 5963/Del/2013 for AY 2003-04 wherein the following grounds have been raised. i) The CIT(A) erred in law and on facts in deleting the addition of Rs. 499006/- on account of disallowance of 100% expenditure. ii) The CIT(A) erred in law and on facts in deleting the addition of Rs. 3201856/- on account of unexplained purchase u/s. 69C of the Act. 3(a) The order of the CIT(A) is erroneous and not tenable in law and on facts. (b) The appellant craves leave to add, alter or amend any / all of the grounds of appeal before or during the course of the hearing of the appeal. 2.1 In all other Appeals, identical issues are involved and similar grounds have been raised, the only difference is in the figures ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issolution as per the provisions of the Companies Act. It is a trite law that on amalgamation, the amalgamating company ceases to exist in the eyes of law. Having regard this consequence provided in law, a number of cases the Hon'ble Apex Court held that assessment upon a dissolved company is impermissible as there is no provision in the I.T. Act to make an assessment upon a non-existent company. In the case of Saraswati Industrial Syndicate Ltd. vs. CIT (186 ITR 278), the legal position was explained. In amalgamation two or more companies are fused into one by merger or by taking over by another. The amalgamation is a blending of two or more existing undertaking into one undertaking, and the share holders of each blending company becom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Income Tax, ITA No. 475/2011 decided on 3rd August, 2011 and Commissioner of Income Tax versus Vivek Marketing Services Private Limited, ITA No. 273/2009 decided on 17th September, 2009. Noticeably, the Assessing Officer during the course of the proceedings under section 153A/C of the Income Tax Act, 1961 was informed about the amalgamation, which resulted in dissolution of the respondent-assessee, but no remedial or effective steps were taken. The appeal is accordingly dismissed." 7. We therefore, after considering the totality of the facts as discussed hereinabove, are of the view that these Appeals by the Department have now become infructuous, since on the same issue in the Appeals of the assessee in ITA Nos. 5340 to 5345/De ..... X X X X Extracts X X X X X X X X Extracts X X X X
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