TaxTMI 
TaxTMI 
TaxTMI 
2021 (3) TMI 74
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....ramed assessment on a non-existing entity. Secondly, the challenge is in respect of Transfer Pricing adjustments and thirdly, on Corporate Issues, challenge is in respect of disallowance made u/s. 14A of the Act. 3. The assessment order dated 31.08.2017, which is under challenge, is framed in the name of GE India Export Pvt. Ltd. with its address in Bangalore. On 28.08.2017, the following letter was filed by the assessee in the Office of the Principal Commissioner of Income tax-3, Corporate Circle, Bangalore: 4. On 05.06.2017, the following letter was filed in the Office of the Additional Commissioner of Income Tax, Special Range - 4, New Delhi: 5. In both these letters, it was informed that the National Company Law Tribunal [NCLT]....
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....light of the above evidences, we have no hesitation to hold that the assessment order has been framed in the name of nonexistent company inspite of notices. 8. The Hon'ble Supreme Court in the case of Maruti Suzuki India Ltd. 416 ITR 613 has held as under: "19. ................ (iii) Thirdly, the consequence of the scheme of amalgamation approved under Section 394 of the Companies Act 1956 is that the amalgamating 248 ITA No. 583/Del/2020 company ceased to exist. In Saraswati Industrial Syndicate Ltd., the principle has been formulated by this Court in the following observations: "5. Generally, where only one company is involved in change and the rights of the shareholders and creditors are varied, it amounts to reconstructi....
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....ly, a notice under Section 143 (2) was issued on 26 September 2013 to the amalgamating company, SPIL, which was followed by a notice to it under Section 142(1); (vi) Sixthly, prior to the date on which the jurisdictional notice under Section 143 (2) was issued, the scheme of amalgamation had been approved on 29 January 2013 by the High Court of Delhi under the Companies Act 1956 with effect from 1 April 2012; (vii) Seventhly, the assessing officer assumed jurisdiction to make an assessment in pursuance of the notice under Section 143(2). The notice was issued in the name of the amalgamating company in spite of the fact that on 2 April 2013, the amalgamated company MSIL had addressed a communication to the assessing officer intimating the fa....
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....der in this case, on the earlier entity, it is very important that the report of the AO is called for along with facts and documents in this case, which should include the replies and letters filed by the assessee before the AO/TPO, intimating the details of amalgamation and change of name of assessee entity. The AR of the assessee had also indicated to the staff of this office, through telephonic communication, that they would not be able to proceed ahead with the hearing as the paper book has not been filed. Therefore, it is requested that the case may kindly be adjourned to a regular date, as is convenient to your Honours. I shall be highly grateful for this act of kindness. Yours sincerely, Surinder P....
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....f the assessee. 14. In the result, appeal of the assessee in ITA No. 556/DEL/2018 is allowed. The order is pronounced in the open court in the presence of both the representatives on 22.02.2021. ============= Document 1 gE GE India Industrial Pvt. Ltd. Division: Global Technology Solution Prestige Shannon, Tower Ground Floor to 7th for no.70-28 Sadaramangala Hoo Village, Mahadev Bangalore-56004 T: T: +91 8041906000 CIN U31:0019254724 Emasha.com August 24, 2017 The Principal Commissioner of Income tax-3, Corporate Circle, Bangalore, BMTC Building, Soft Road, Koramangala, Bangalore-560095 Dear Sir, Ð PAN Subject 28 ARZU BENGALU GE India Exports Private Limited ....
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....isdiction the Amalgamated company is being assed currently. We treat Thanking Yours faithfully thall be acceded to For GE India Exports Private Limited (since merged with GE India Industrial Private Limited) Authorised Signatory Enel As above C/ 1.ACIT, Circle-3(1)(x), BMTC Building, Koramangala, Bangalore. 3. DCIT (TP) (3) (4), BMTC Building, Koramangala, Bangalore. Document 3 GE 5 JUN 2017 Building No. 7A, 4th Floor, DLF Cyber City, DLF Phase Sector 25A, Gurgaon-122 Haryana Tel: 0124-4906000; Fax: 01244906511 CIN: U31500DL1992PTC194724 Website: www.ge.com *June 2017 To Additional Commissioner of Income Tax, Special Range-4, Room No. 414, C.R. Balding, IP Estate, New De....