TaxTMI 
TaxTMI 
2016 (11) TMI 332
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....ent and order dated 24.3.2006 passed by Income Tax Appellate Tribunal, Delhi Benches, "G" New Delhi(hereinafter referred to as "Tribunal") in ITA No. 512/Del/2001 relating to assessment year 1996-97 whereby it has dismissed appeal of revenue. This Court admitted appeal on following two substantial questions of law:- "(1) Whether on the facts and in the circumstances of the case the Tribunal is justified in holding that the assessment made in the name of the M/s. Calcutta Instalments Company Pvt. Ltd. after the date of its dissolution was not valid?" "(2) Whether on facts and in the circumstances of the case the Tribunal was legally justified in holding that the return of income filed by M/s. Calcutta Instalment Co. P....
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....fecting the same, and (2) That all the liabilities and duties of the transferor companies be transferred without further act or deem to the transferee company and accordingly the same shall pursuant to section 394(2) of the Companies Act, 1956 be transferred to and become the liabilities and duties of the transferee company, and (3) That all proceedings now pending by or against the transferor companies be continued by or against the transferee company; and (4) That the petitioners/transferor companies do within 30 days after the date of this order cause and certified copy of this order to be delivered to the Registrar of Companies for registration and on such certified copy being so ....
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....) Ltd. with Modifin (P) Ltd. vide order dated 10th December, 1996. 6. Return for the Assessment Year 1996-97 was filed by M/s. Calcutta Instalment Pvt.Ltd. before Joint Commissioner of Income Tax, Special Range, Moradabad(hereinafter referred to as 'Assessing Officer') on 30.11.1996 admitting income of Rs. 375,900/-. Assessing Officer issued notice alongwith questionnaire on 5.10.1998 to M/s. Calcutta Instalment Pvt. Ltd. and thereafter finalised assessment order dated 17.12.1998 assessing aforesaid company on total income of Rs. 2,13,23,530/-. 7. An appeal was filed before Commissioner of Income Tax(Appeals), Bareilly(hereinafter referred to as 'CIT(A)') which was partly allowed. One of the grounds taken in appeal was....
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....ed to take notice of such merger and must pass order in the name of company 'B' for the reason that company 'A' becomes nonest on its merger and hence no order or notice after its merger could be issued by him in the name of company 'A' since it shall be against a nonest person and hence void ab-initio. 12. There are catina of judicial authorities on this subject and we may refer some of such authorities as under:- 13. In Sri Nath Suresh Chand Ram Naresh vs. CIT (2006) 280 ITR 396(Alld) it was held that making of assessment against a nonest/person goes to the root of the matter which is not procedural irregularity but jurisdictional defect as there cannot be assessment against a dead person. 14. In Sarswati ....
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....n Commissioner of Income-Tax vs. Dimension Apparels P. Ltd.(2015) 370 ITR 288(Delhi). It was held that even if a representative of amalgamated company has participated, that will not cure jurisdictional defect for the reason that assessment order would be a nullity since it is against nonest and dead person. 18. No otherwise authority was brought to our notice on behalf of Revenue so as to persuade us to take a different view. 19. It is not in dispute that on the date when notice was issued on 5.10.1998 in the name of M/s. Calcutta Instalment Pvt. Ltd. or when assessment order was passed in name of M/s. Calcutta Instalment Pvt. Ltd., it had already ceased to be in existence having been amalgamated with M/s. Modifin (P) Ltd....