TMI Blog2014 (1) TMI 1894X X X X Extracts X X X X X X X X Extracts X X X X ..... ment framed in the name of a non-existing entity is a jurisdictional defect and not merely a procedural irregularity of the nature which can be cured by invoking the provisions of s. 292B. In the present case also the amalgamation took place vide the order of Hon ble Calcutta High Court dated 17.04.2008 w.e.f. 01.04.2007 and this Company Aarcee Holding Pvt. Ltd. has amalgamated with Padmavati Properties Trust Ltd. and no revision order can be passed on a non-existent company. Hence, the very premise of the revenue that revision order passed on a non-existent company does not stand. Moreover, the issue is also covered by the decision of Hon ble Calcutta High Court in the case of I. K. Agencies P. Ltd. Vs. CIT [ 2011 (3) TMI 690 - CALCUT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he CIT was wholly wrong and unjustified in issuing the Show-Cause Notice u/s 263 in the name of a non-existent person i.e. Aarcee Holdings Pvt. Ltd. when the matter regarding amalgamation of the same with the appellant company (PPTL) was specifically brought to the notice of the AO and also the concerned CIT and the order u/s 263 having been made in the name of a non-existent company namely Aarcee Holdings Pvt. Ltd. which was already amalgamated with PPTL, w.e.f. 1.4.2007 the present appellant, the entire order u/s 263 made in the name of non-existent person is wholly bad, illegal, unjustified and void abinitio and is liable to be quashed/ cancelled particularly keeping in view the fact that the matter was fully in the knowledge of the CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs Pvt. Ltd. (PAN:AACCA1181D) While acknowledging the receipt your aforesaid Show Cause Notice and at the out set this is to submit before your honour that the aforesaid company is no more in existence since by an order dated 16.04.2008 of the Hon ble Kolkata High Court in Company Petition No.123 of 2008, the aforesaid company i.e. M/s. Aarcee Holdings Pvt. Ltd. stands amalgamated with M/s. Padmavati Properties and Trust Ltd. with effect from 1st day of April 2007. In connection with the hearing fixed on 11.01.2011 by your aforesaid Show Cause Notice this is to request you to kindly allow an adjournment for 4(four) weeks in the matter so as to enable us to obtain all necessary details, particulars and clarifications for making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a non-existing entity is a jurisdictional defect and not merely a procedural irregularity of the nature which can be cured by invoking the provisions of s. 292B. In the present case also the amalgamation took place vide the order of Hon ble Calcutta High Court dated 17.04.2008 w.e.f. 01.04.2007 and this Company Aarcee Holding Pvt. Ltd. has amalgamated with Padmavati Properties Trust Ltd. and no revision order can be passed on a non-existent company. Hence, the very premise of the revenue that revision order passed on a non-existent company does not stand. Moreover, the issue is also covered by the decision of Hon ble Calcutta High Court in the case of I. K. Agencies P. Ltd. Vs. CIT (2012) 347 ITR 664 (Cal). As the issue is squarely cove ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
