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TMI Blog2025 (1) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... 30.03.2023 passed for A.Y. 2018-19. 2. The assessee has raised the following grounds of appeal: "1. In law and in facts and circumstances of the Appellant's case, the impugned order u/s. 263 passed by Ld. CIT is bad in law and deserves to be quashed. 2. In law and in the facts and circumstances of the Appellant's case, the Ld. CIT has erred in holding that the assessment order was passed without examining facts of the case and on that ground, invoking provisions of Section- 263 of the Income Tax Act. 2.1 The Ld. CIT has failed to appreciate that the appellant has submitted all relevant details during assessment proceeding which are on record of Ld. Assessing Officer and he duly applied his mind and not made disallowance of CSR expen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brief facts of the case are that the PCIT observed that on examination of assessment records, it was noticed that assessee had debited a sum of Rs. 1.47 crores on account of CSR activities in the Profit & Loss Account. However, as perused of the computation of income filed by the assessee, Ld. PCIT observed that only an amount of Rs. 47,80,840/- was added back to the total income, for the year under consideration. The PCIT observed that the case of the assessee was assessed as a business entity and therefore, as per provision of Section 37(1) of the Act, the whole of CSR expenses amounting to Rs. 1.47 crores should have been disallowed. Therefore, PCIT held that the excess amount of Rs. 99,10,385/- debited on account of CSR expenses was re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abad-1. Respected sir, Sub: Reply to the notice of revision proceeding under section 263 of the income tax act, 1961 for the A.Y. 2018-19 Ref.: Notice no. ITBA/COM/F/17/2022-23/1050497572(1) dated 07/03/2023 1. At the outset we would humbly like to draw your honours attention to the fact that company Adani Power Maharashtra Limited has been amalgamated with Company Adan Power Limited with appointed date of 1st October 2021 vide order dated 8 February 2023 Copy of the Tribunal Order along with communications as made to the stock exchange is attached herewith vide Exhibit - 1. Despite the fact relating to amalgamation being intimated to the Income Tax Department and this fact is evident from the copy of order passed by Hon. National C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of amalgamation has been duly intimated to the concerned Tax Authorities, then the order passed is void-ab-initio. In view of the above settled position of law, we are of the considered view that the order passed under Section 263 of the Act is void and hence, liable to be set-aside. In the case of PCIT v. Maruti Suzuki India Ltd 107 taxmann.com 375 (SC), the Hon'ble Supreme Court held that where assessee company was amalgamated with another company and thereby lost its existence, assessment order passed subsequently in name of said non-existing entity, would be without jurisdiction and was to be set aside. In the case of Vahanvati Consultants (P.) Ltd.138 taxmann.com 52 (SC), the Hon'ble Supreme Court held that where assessee-com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 276 (Delhi - Trib.), the ITAT held that where draft assessment order under section 144C was passed in name of amalgamated company which was non-existent company, said order was void ab initio. In the case of Dimension Data Asia Pacific PTE Ltd. v. DCIT 96 taxmann.com 182 (Bombay), the Hon'ble High Court held that where in case of foreign assessee, Assessing Officer passed final assessment order under section 144C(13), read with section 143(3) without passing a draft assessment order under section 144C(1), said order being violative of provisions of section 144C(1), deserved to be set aside. In the case of Vedanta Ltd. v. ACIT 126 taxmann.com 283 (Delhi - Trib.), the ITAT held that Draft/final assessment order framed in name of non-exi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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