Appeal allowed due to void assessment naming non-existent entity. Importance of jurisdictional accuracy emphasized.

The Tribunal allowed the appeal in ITA No. 556/DEL/2018, as the assessment order was declared void ab initio for being in the name of a non-existent entity post-merger. The decision highlighted the importance of jurisdictional accuracy and adherence to legal procedures in assessment matters, emphasizing timely justice delivery. Transfer Pricing adjustments and disallowance under section 14A were not addressed due to the void assessment. The Tribunal dismissed the CIT-DR's adjournment request, noting the public nature of NCLT orders and the revenue's awareness of the jurisdictional challenge.

---

---

Issues:
1. Challenge to the jurisdiction of the Assessing Officer due to assessment framed on a non-existing entity.
2. Transfer Pricing adjustments challenge.
3. Corporate Issues challenge regarding disallowance under section 14A of the Income Tax Act, 1961.

Analysis:

Issue 1: Challenge to the jurisdiction of the Assessing Officer
The appeal challenged the assessment order framed under section 143(3) r.w.s. 144C of the Income Tax Act, 1961 for the Assessment Year 2013-14. The primary contention was that the assessment was made in the name of a non-existent company, GE India Export Pvt. Ltd. The appellant provided evidence of the merger with M/s. GE India Industrial Private Ltd., approved by the National Company Law Tribunal (NCLT) Bangalore and Delhi Bench. The NCLT orders highlighted that despite notifications to the Income Tax department, no comments or objections were received. Citing the Supreme Court's decision in Maruti Suzuki India Ltd., which emphasized that an amalgamating company ceases to exist post-merger, the Tribunal held the assessment order void ab initio due to being in the name of a non-existent entity.

Issue 2: Transfer Pricing Adjustments Challenge
The challenge also encompassed Transfer Pricing adjustments made in the assessment order. However, due to the finding that the assessment was void ab initio, the Tribunal did not delve into the merits of this issue.

Issue 3: Corporate Issues - Disallowance under section 14A
Another aspect of the challenge pertained to disallowance made under section 14A of the Income Tax Act. However, similar to the Transfer Pricing adjustments, the Tribunal did not analyze this issue in detail due to the assessment order being declared void.

Additional Observations
The CIT-DR requested an adjournment due to the absence of documents from the assessee. However, the Tribunal found no merit in the application, emphasizing that the revenue was aware of the jurisdictional challenge, and the appeal had been listed previously. The Tribunal highlighted that the NCLT orders were public documents and did not necessitate a report from the Assessing Officer. Ultimately, considering the evidence and circumstances, the Tribunal allowed the appeal of the assessee in ITA No. 556/DEL/2018, emphasizing the importance of timely justice delivery.

In conclusion, the Tribunal allowed the appeal due to the assessment order being void ab initio, based on the non-existence of the company in whose name the assessment was framed. The decision underscored the significance of proper jurisdiction and adherence to legal procedures in assessment proceedings.

---