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2017 (4) TMI 1339

31.07.2012 and till then, there is nothing on record to establish that the fact of merger was brought to the notice of AO. The assessment was completed on 27.03.2015 and in the assessment order, the AO has mentioned against the name of assessee as M/s. GE Medical Systems (India) Pvt. Ltd. (Since merged with M/s. Wipro GE Healthcare Pvt Ltd.), meaning thereby that during the assessment proceedings, these facts were brought to the notice of the AO. While passing the order, the DRP has also passed the order though in the name of merged company i.e., M/s. Wipro GE Healthcare Pvt Ltd., but the PAN No. is of the erstwhile company i.e., M/s. GE Medical Systems (India) Pvt. Ltd. Despite this defect in the order of DRP with regard to PAN No., the as .....

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hat the total income computed and the total tax computed is hereby disputed. VALIDITY OF ASSESSMENT IJURISDICTION 3. The authorities below erred in framing an assessment against the appellant company which ceased to exist, consequent to the order of merger dated: 24.07.2013 of Karnataka High Court effective from 01.04.2012. Thus, the authorities erred in making an order of assessment against a non-existent entity on the date of assessment. 4. The authorities below ought to have appreciated that the successor company is assessed to tax in Bangalore before ACIT, Circle-7(1)(2) with P A No. AAACW1685J. Framing of assessment by the authorities amounts to passing of two assessments for the same year which is clearly unwarranted under the Act. IS .....

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nce in the Contract Manufacturing ₹ 30,72,68,521/- Total adjustment U /s 92CA ₹ 66,73,79,633/- 12. The AO/TPO/DRP erred in making adjustment of ₹ 7,85,33,060/- towards the Software Development Services, while determining the ALP of the international transactions of the appellant. 13. The AO/TPO/DRP erred in making an adjustment of ₹ 28,15,78,052/- towards the IT Enabled Services, while determining the ALP of the international transactions of the appellant. 14. The AO/TPO/DRP erred in making an adjustment of ₹ 30,72,68,521/- towards the Contract Manufacturing segment, while determining the ALP of the international transactions of the appellant. 15. That learned DRP failed to appreciate that no opportunity was pr .....

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law on this issue and the principles enunciated by various courts more particularly on the issue of reference, sanction of approval, recording of reasons and lack of satisfaction. 24. That no copy of the reasons recorded for making the reference to the TPO has been furnished nor copy of the approval obtained for making the reference has been furnished to the appellant. 25. The TPO erred in ignoring the fact that before making an adjustment neither a comparable transaction entered into has been identified nor the enterprise which has entered into such a transaction has been identified. Unless these two are identified as explained in Rule 10B(2) no further proceedings are possible. In this case, in view of non-identification, the entire orde .....

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8377; 5,58,40,000/-. 34. The Learned AO failed to appreciate and consider the deduction of tax at source by the appellant. 35. The Learned AO / DRP failed to appreciate that no disallowance u/s 40(a)(ia) can be made for short fall in deduction of tax at source or applying lower rate. 36. The AO/DRP failed to appreciate and take cognizance of the fact that the payees / receivers / deductees have paid the taxes on the income, then no disallowance can be made u/s 40(a)(ia) of the Act. 37. The Learned AO/DRP erred in not providing adequate and sufficient opportunity to the appellant thus violating the principles of natural justice and on this ground alone the above disallowances requires to be deleted. ISSUE OF INTEREST U/S 234A, B AND 234C 38. .....

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Karnataka. Despite the fact of merger of assessee company i.e., M/s. GE Medical Systems (India) Pvt. Ltd. with M/s. Wipro GE Healthcare Pvt Ltd. brought to the notice of the AO, but he has framed the assessment in the hands of the merging company i.e., M/s. GE Medical Systems (India) Pvt. Ltd. He has also invited our attention to the fact that even DRP has recognized this fact and has passed the order in the hands of the merged company i.e., M/s. Wipro GE Healthcare Pvt Ltd. Since the assessment order was passed in the hands of non-existing company, the assessment order is not sustainable in the eyes of law and deserves to be quashed. 3. The ld. DR emphatically refuted the contention of the assessee with the submission that the AO issued n .....

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ere brought to the notice of the AO. While passing the order, the DRP has also passed the order though in the name of merged company i.e., M/s. Wipro GE Healthcare Pvt Ltd., but the PAN No. is of the erstwhile company i.e., M/s. GE Medical Systems (India) Pvt. Ltd. Despite this defect in the order of DRP with regard to PAN No., the assessee has not pointed out these facts to the AO and the AO has committed the same mistake by mentioning the PAN No. of erstwhile company. 6. Keeping the totality of facts of the case, we are of the view that complete facts were not brought to the notice of AO at the time of completion of assessment as nothing has been placed on record by the assessee to demonstrate that assessee has furnished the name of the m .....

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