TMI Blog2022 (8) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... n their Lordship have observed regarding invalid notice u/s 143(2) that the assessing officer was informed of the amalgamating company having ceased to exist as a result of the approval scheme of amalgamation, the jurisdictional notice was issued only in its name. The basis on which jurisdiction was invoked was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation - Decided against revenue. - I.T.A. No. 34/Mum/2021 - - - Dated:- 14-6-2022 - SHRI ABY T. VARKEY, JM AND SHRI S. RIFAUR RAHMAN, AM Revenue by: Shri B. K. Bagchi (Sr. AR) Assessee by: Shri Jeet Kamdar ORDER PER ABY T. VARKEY, JM: This is an appeal preferred by revenue agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th M/s. Siemens Ltd vide letter dated 17.09.2012, the AO issued notice u/s 143(2) of the Act dated 07.08.2013 (refer page no. 110 of the P.B) in the name of M/s. MCCPL. Thereafter, the AO has made assessment order in the name of the M/s. MCCP/successor M/s. Siemens Ltd, vide order dated 31.03.2009 (refer page no. 162 of the P.B). In the light of the aforesaid facts, the assessee challenged the jurisdiction of the AO to have framed scrutiny assessment u/s 143(3) of the Act without issuance of valid notice u/s 143(2) of the Act to the amalgamated company i.e. M/s. Siemens Ltd. and not to the non- existing company i.e. M/s. MCCPL. This legal issue was found in favour by the Ld. CIT(A) who has held as under: - 4.1.2 I have carefully gone th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Appeal No 5409 of 2019) has clearly held that Despite the fact that the assessing officer was informed of the amalgamating company having ceased to exist as a result of the approval scheme of amalgamation, the jurisdictional notice was issued only in its name. The basis on which jurisdiction was invoked was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation. Moreover, in a similar case jurisdictional ITAT in the case of M/s Siemens Technology and Services Pvt. Ltd. (Successor of Siemens Information Processing Services Pvt Ltd - SIPSPL) (ITA NO. I1527/MUM/2014 and ITA NO. 1665/MUM/2015) for AY 2010-11 held that mentioning PAN in the assessment order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the AO has noted as under: - .The company has been merged with M/s. Siemens Ltd. with effect from 1st October, 2011 vide Bombay High Court order dated 17th August 2012. Accordingly, the jurisdiction was transferred to the undersigned vide forwarding letter dated 06.02.2013. Also notice u/s 142(1) dated 7th February, 2013 was issued . 7. Despite the AO taking note about the merger of M/s. MCCPL with M/s. Siemen Ltd. (successor to M/s. MCCPL), the AO had issued the mandatory scrutiny notice u/s 143(2) of the Act dated 07.08.2013 to M/s. MCCPL which fact is evident from perusal of page no. 10 of the paper book (notice u/s 148 of the Act). Therefore, we find that the mandatory notice u/s 143(2) of the Act was issued by the AO on 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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