TaxTMI 
TaxTMI 
TaxTMI 
2016 (4) TMI 1130
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.... of convenience, they are clubbed, heard together and disposed of in this consolidated order. Appeal wise adjudication is given in the following paragraphs of this order. 2. In all the three appeals, assessee raised legal ground common to all and the same reads as under:- "On the facts and in the circumstances of the case as well as in law, the Ld CIT (A) erred in passing the assessment order u/s 143(3) of the Act in the case of a company, which is not in existence as on the date of assessment since the same has been merged with M/s. Orbit Corporation Ltd, which is bad in law and null & void as per the provisions of law." 3. Briefly stated relevant facts necessary for adjudication of the above legal ground include that M/s. Orbit Build....
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....ry notices in the erstwhile names of OB&RPL and OSPL and assessment orders were accordingly made in the names of the companies. To emphasize, AO did not pass the assessment orders in the name of the successorcompany- OCL. The OB&RPL and OSPL constitutes amalgamating companies and the OCL is amalgamated company ie the new company after the amalgamation. In the background facts of the above, the above said legal ground was raised common to all the three appeals. 4. Before us, Ld Counsel for the assessee submitted that this issue was raised before the lower authorities including the CIT (A) and the CIT (A) considered the said legal ground and dismissed the assessees ground. Para 5 of the CIT (A)'s order is relevant in this regard and the same....
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....list of cases which were close to the facts of the present case and also submitted that the identical issue was decided in favour of the assessee and the assessment orders made in the names of the amalgamating companies, though the assessment years involved are earlier to the date of judgment of the Hon'ble High Court, were quashed. Further, Ld Counsel for the assessee submitted that since OB&RPL and OSPL were merged on the date of issue of notices u/s 143(2) and u/s 153A of the Act with OCL, and once the company merged with another company, the former got dissolved and ceased to exist. For this proposition, he relies on the judgment of the Hon'ble Supreme Court in the case of Saraswathi Industrial Syndicate Ltd vs. CIT [1990] 186 ITR 278 (....
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....ration, Ld Counsel for the assessee submitted that it was a case where the assessee failed to give intimation to the AO unlike in the assessee's case, where the intimation was given to the AO vide the assessee's letter dated 16.1.2008 informing about the fact of amalgamation of the assessees (OB&RPL and OSPL) into OCL. The said letter of the assessee dated 16.1.2008 is scanned and placed below for the sake of completeness of this order. The above confirms the fact of intimating the AO about the approval of Hon'ble High Court to the amalgamation scheme. 7. In response to a query from the Bench regarding the inclusion of the successors name in addition to the amalgamating companies names in the title page against the name of the appellant, ....
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....ting company is void ab initio. Further, it is also mentioned that the perception by the amalgamating company as was the case there could not cure the defect because there could be no estopples in law. He also mentioned that the said making of an assessment on a non-exist person ie Dimension Apparel Pvt Ltd (supra) is not a curable defect u/s 292B of the Act as it constitutes a jurisdictional defect. For this proposition, the decision of the Hon'ble Punjab & Haryana High Court in the case of CIT vs. Narton Motor (275 ITR 595) and the judgment of the Hon'ble Madras High Court in the case of CIT vs. Express Newspapers (1960) 40 ITR 38 (Mad) were relied. In the case of Express News Papers (supra), the assessments were made long after Free Pres....