2014 (1) TMI 1894

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.... raised by the assessee in this appeal of assessee is against the order of CIT-IV, Kolkata i.e. the revision order passed u/s. 263 of the Act on a company which was non-existent. For this, assessee has raised following two grounds: "1. Since Aarcee Holdings Pvt. Ltd. was amalgamated with Padmavati Properties & Trust Ltd. under an order of Hon'ble Kolkata High Court w.e.f. 1 .4.2007, this appeal is being filed by Padmavati Properties & Trust Ltd. (in short PPTL) as appellant since as per order of amalgarnation and as per Scheme of Amalgamation and as per Companies Act from the date of amalgamation all acts and action in respect of an amalgamated company can only be done in the name of the amalgamating company and in the name of amalgamati....

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....d with Padmavati Properties & Trust Ltd. vide order of Hon'ble Calcutta High Court in Co. Petition No. 23 of 2008 vide order dated 17.04.2008 w.e.f. 01.04.2007. The relevant copy of the Hon'ble Calcutta High Court amalgamating Aarcee Holding Pvt. Ltd. with the present assessee Padmavati Properties & Trust Ltd. is filed by the assessee before the CIT-IV, Kolkata and even before the AO. The relevant objection vide letter dated 07.01.2011 was raised before CIT and the relevant letter reads as under: "Dt. 07.01.201l To The Commissioner of Income- Tax, Kolkata-IV, P-7, Chowringhee Square, Kolkata-700069 Ref: Your letter No. CIT-IV/Review u/s.263/2010-11/4745 dt.23.12.10 Sub: Show Cause Notice u/s. 263 for the assessment year....

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....lient. Copy of General Power of Attorney is enclosed herewith. Thanking you, Yours faithfully, Sd/- Authorised Representative. Encl: as above." 4. In view of the above, the Ld. counsel for the assessee stated that no company in the name of Aarcee Holding Pvt. Ltd. was in existence as on the date of show cause notice dated 23.12.2010 initiating revision proceeding u/s. 263 of the Act. Ld. counsel for the assessee before us filed copy of the decision of Hon'ble Delhi High Court in the case of Spice Infotainment Ltd. Vs. CIT (2012) 247 CTR (Del) 500, wherein it is hed that assessment in the name of the company which has been amalgamated with another company and stands dissolved is null and void; assessment framed in the na....