2020 (12) TMI 98

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....onal issue and we proceed to address the same before adjudication of other issues raised on merits. Ground of appeal raised by the assessee is as under:- . "That having regard to the fact and circumstances of the case, Ld.CIT(A) has erred in law and on facts in confirming the action of Ld.AO in assuming jurisdiction and issuing of notice u/s 153A r.w.s. 153C of the Act, more so when the notice was issued in the name of non-existing entity." 3. Briefly in the facts of the case, search u/s 132 of the Act was carried out at the residential as well as business/office premises of M/s. SRS Group of cases on 09.05.2012. The Assessing Officer in accordance with provision of section 153C r.w.s 153A of the Act, issued notice dated 10.11.2....

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....inted out that notice u/s 153C of the Act was issued on 10.11.2014. Plea in this regard was that the assessee company had merged with M/s. Akriti w.e.f. 01.04.2012 as per the order of Hon'ble High Court dated 10.12.2012. The Ld.AR for the assessee before us pointed out that the assessment order for Assessment Year 2013-14 which is also dated 20.03.2015, was passed by the same Assessing Officer and the proceedings were filed as the assessee had merged with M/s. Akriti. However, for Assessment Year 2010-11, the same Assessing Officer had passed the assessment order dated 20.03.2015 in the name of the merged non-existing entity. Our attention was drawn to page 52 of the Paperbook wherein common notice was issued for all the proceedings and ....

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....assessment proceedings were also carried out for Assessment Year 2013-14. Copy of the order for Assessment Year 2013-14 is also placed on record which is dated 20.03.2015. It may be noted that for Assessment Year 2010-11, assessment order was passed by the same Assessing Officer on 20.03.2015. In the assessment order for Assessment Year 2013-14, the Assessing Officer acknowledged the statement of the assessee that company had merged with M/s. Akriti and also reference to the copy of order of Hon'ble High Court. He further goes to say that during the year, company was not in existence, therefore, proceedings instituted u/s 142(1) of the Act are hereby filed. Where the factum of non-existence of the assessee i.e. the merger of the assessee co....