2021 (2) TMI 315

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....al Dudhwewala, AR For the Revenue : Shri Imokaba Jamir, CIT ORDER PER P.M. JAGTAP, VICE-PRESIDENT (KZ) This appeal filed by the assessee is directed against the order of Ld. PCIT - 2, Kolkata dated 11.05.2020 passed u/s 263 of the Income Tax Act, 1961 for A.Y. 2015-16. 2. The relevant facts of the case giving rise to this appeal are that the erstwhile company namely M/s. Keshri Towe....

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....ed by the AO u/s 143(3) with the direction to him to make the assessment de novo after considering the issues pointed out in the order passed u/s 263. Aggrieved by the order of the Ld. PCIT, the assessee has preferred this appeal before the Tribunal. 3. We have heard the arguments of the sides and also perused the relevant material available on record. In ground no. 1, the assessee has challeng....

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.... by the said letter dated 02.01.2020. He has submitted that the Ld. PCIT however still issued the notice u/s 263 on 12.03.2020 in the name of M/s. Keshri Towers Pvt. Ltd. and also passed the order u/s 263 on 11.05.2020 in the name of the said company which was not in existent having already merged / amalgamated into M/s. Tanuj Properties Pvt. Ltd. Relying inter alia on the decision of Hon'ble Calc....

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....the name of non-existent entity and the same as well as the revision order passed u/s 263 in pursuance thereof was held to be invalid by the Tribunal by relying inter alia on the decision of Hon'ble Delhi High Court in the case of M/s. Spice Infotainment 247 CTR 500 (Del) as well as the decision of Hon'ble Calcutta High Court in the case of I.K. Agencies Pvt. Ltd. vs CIT (2012) 347 ITR 664 (Cal) a....