2019 (5) TMI 1159

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....ndise Pvt. Ltd. & M/s SRA Properties Pvt. Ltd. hereinafter referred is first, second and third assessees; respectively. The Revenue's appeal IT(SS) 141/Kol/2017 alongwith third assessee's cross objection No. 11/Kol/2019 arise against the Commissioner of Income Tax (Appeals)-20 Kolkata's order dated 14.07.2017 passed in case No.11627/CIT(A)-20/CC-2(1)/16-17. The Revenue's appeal IT(SS)A No.140/Kol/2017 and second assessee's cross objection therein No.10/Kol/2018 are directed against the very CIT(A)'s order dated.18.07.2017 passed in case No.11573/CIT(A)-20/CC-2(1)/16-17. The Revenue's next three appeal(s) IT(SS)A No.135-137/Kol/2017 and assessee's cross objections Nos.4-6/Kol/2018 thereto emanate from this very CIT(A)'s order(s); all date....

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....rsons declaration(s) made. He further emphasis the point that the regular assessment(s) in issue had also not abated as on the date of search. 3. Learned senior counsel represents all these assessees in the instant batch of cases. He rises to his seniority to fairly state at the bar that this CIT(A)'s finding on the foregoing legal issues are not sustainable since the search in issue led to incriminating material and assessments in issue had also not abated. His only prayer is that the assessee's corresponding cross-objections in these two Revenue's appeal(s) seek to deal with all the impugned addition(s) on merits and therefore, the instant lis including Revenue's appeal(s) and corresponding cross objections be restored to Assessing Off....

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....itional ground in its cross-objections in all Revenue's three appeal(s) seeking to quash the impugned proceedings on the ground that it had converted itself from a corporate entity to a Limited Liability Partnership "LLP" in the name and style of M/s SRA Properties Pvt. LLP on 17.03.2015 whereas the Assessing Officer had initiated sec. 153A proceedings on 17.07.2015. Mr. Agarwal vehemently pleads therefore that the department had framed the impugned assessment in non-est entite's cases. 6. Learned CIT-DR strongly contends on the other hand that the assessee's instant additional substantive ground in its cross objections does not deserve to be admitted at this belated stage since it had not made the necessary averments in either of the lo....

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.... CIT vs. Adinarayana Murty 65 ITR 607 SC) i) ITO vs. Purbanchal Power Co.Ltd. ITA No. 201/Kol/2010 decided on 17.07.2014 j) B.K. Agencies vs. ITO ITGA 255-2552/Kol/2013 decided on 31.01.2017 k) CIT vs. Intel Technology India (P) Ltd. (2015) 57 taxmann.com 159(Kar) l) Spice Infotainment Ltd. vs. CIT 247 CTR 500 (Del) k) CIT vs. Spice Infotainment Ltd. Appeal No.285 of 2014 (SC) We accordingly draw support from the above referred judicial precedents to conclude that impugned assessment / proceedings are not sustainable since framed in case of a non-est entity. Mr Agarwal quotes sec. 170 of the Act at this stage to make it clear that it is very well open for the Assessing Officer to proceed again....