2018 (4) TMI 46 - AT - Income Tax

Tribunal Invalidates Tax Proceedings, Emphasizes Legal Entity Requirement

The tribunal allowed the Assessee's appeal, declaring the proceedings u/s 201(1) and 201(1A) of the Income Tax Act as invalid and annulled. The judgment ... TDS u/s 194C - non deduction of tds - proceedings against a person who is not in existence - existence after its amalgamation / merger - Held that:- The law is well settled that the proceedings against a person who is not in existence is null and void and has no legal effect. Under the Income Tax Act, 1961 an assessment can be made only against a person as defined u/s 2(31) of the Act. A company after it is dissolved cannot be said to be a person in terms of that section. On amalgamation, the amalgamating company stands dissolved without winding up. In other words, the amalgamating company ceases to exist in the eyes of the law. Though rules of abatement of suits under the Civil Procedure Code would not apply to assessment proceedings under the Income Tax Act, as the ITO was not a Court but the principle of representation applicable to regular suits and proceedings under the Civil Procedure Code would well apply to such proceedings. The existence of an assessee is essential for an assessment. There cannot be an assessment of a non-existent person - present proceedings u/s 201(1) and 201(1A) of the Act held to be invalid and hereby annulled. - Decided in favour of assessee. Issues:1. Failure to deduct tax at source under section 194C of the Income Tax Act, 1961.2. Validity of orders u/s 201(1) and 201(1A) of the Act against a non-existent entity.Analysis:Issue 1: Failure to deduct tax at source under section 194C of the Income Tax Act, 1961:The Assessee, a company, made a payment towards truck hire charges without deducting tax at source as required under section 194C of the Act. Consequently, proceedings were initiated against the Assessee u/s 201(1) and 201(1A) of the Act. The Assessing Officer (AO) held the Assessee in default and imposed interest. The CIT(A) upheld the AO's decision. The Assessee appealed to the tribunal raising various grounds challenging the orders passed by the lower authorities. The tribunal considered the arguments presented by the Assessee's counsel and admitted additional grounds related to the merger of the Assessee company with another entity. The tribunal noted that the orders passed against a non-existent entity were invalid and annulled the proceedings u/s 201(1) and 201(1A) of the Act.Issue 2: Validity of orders u/s 201(1) and 201(1A) of the Act against a non-existent entity:The Assessee contended that due to the merger with another entity, the Assessee company ceased to exist from the effective date of amalgamation. The tribunal accepted the additional grounds raised by the Assessee, emphasizing that proceedings against a non-existent entity are null and void. Citing various legal precedents, the tribunal concluded that an assessment can only be made against a legal entity, and a dissolved company cannot be considered a person under the Act. Therefore, the tribunal annulled the orders u/s 201(1) and 201(1A) of the Act against the non-existent entity.In light of the above analysis, the tribunal allowed the Assessee's appeal, declaring the proceedings u/s 201(1) and 201(1A) of the Act as invalid and annulled. The judgment highlighted the legal principle that assessments can only be made against existing legal entities, emphasizing the importance of legal status for tax assessments.