TaxTMI 
TaxTMI 
2021 (10) TMI 962
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....Officer ('AO') erred in passing the assessment order passed under section 143(3) of the Income Tax Act, 1961 dated 24 December 2018 in the name of 'Arpeo Data Research Private Limited', an entity which was not in existence on the date of passing the impugned order on account of its amalgamation with the Appellant. It is the humble prayer of the Appellant that the assessment order passed by the Ld. AO be held as bad in law, illegal, null and void-ab-initio and as such deserve to be quashed. The Appellant craves leave to add, alter, amend or withdraw all or any of the Grounds of Appeal and to submit such statements, documents and papers as may be considered necessary either at or before the appeal hearing." 3. We find that the aforesaid additional ground is purely a legal issue and does not require verification of any facts and in the light of the decision of the Hon'ble Supreme Court in the case of NTPC Limited vs. CIT reported in 229 ITR 383, we are inclined to admit the aforesaid additional ground of appeal and take up the same for adjudication. 3.1. The primary facts pertaining to adjudication of aforesaid additional grounds are that Arpeo ....
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....peo Data Research Pvt. Ltd., on 27/07/2017. The evidence in this regard is enclosed in pages 94 and 95 of the paper book filed before us. This notice is meant for the purpose of enabling the Assessing Officer to file objections, if any, to the proposed scheme of amalgamation within 30 days from the date of receipt of the said notice. We also find from perusal of the case records and also various letters filed by the assessee during the course of assessment proceedings which are enclosed in paper book filed before us, that the assessee had during the course of assessment proceedings also, vide letter dated 14/11/2018 had specifically drawn the attention of the ld. AO about the fact of merger of Arpeo Data Research Pvt. Ltd., with White Crow Research Pvt. Ltd., In fact, the ld. AO had taken cognizance of the fact of amalgamation in para 5 of his order by categorically stating that White Crow Research Pvt. Ltd., had filed letter dated 14/11/2018 on behalf of assessee company for the reason that assessee company has now been merged with White Crow Research Pvt. Ltd., Further cognizance has also been taken by the ld. AO in para 8 of his order wherein he had mentioned in bold letters as ....
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....t Ltd. With PAN- AAJCA3506F 4. In view of above, the additional grounds mentioned above stands void. 3.6. Apart from this, the ld. DR argued that even the appeal was filed by the assessee before this Tribunal and also before the ld. CIT(A) in the name of Arpeo Data Research Pvt. Ltd., only and not in the name of White Crow Research Pvt. Ltd., Hence, even the assessee had not taken cognizance of amalgamation. Accordingly, he argued that the assessment should not be quashed on this mere technical defect as even the assessee had not taken cognizance from the fact of amalgamation post completion of assessment proceedings. 3.7. The ld. AR in his rebuttal to the arguments advanced by the ld. DR has stated that the appeal before this Tribunal was filed in the name of Arpeo Data Research Pvt. Ltd., (now merged with White Crow Research Pvt. Ltd.,) and that the same has been signed by White Crow Research Pvt. Ltd., Director as the successor of M/s. Arpeo Data Research Pvt. Ltd., With regard to the filing of appeal before the ld. CIT(A) in the name of Arpeo Data Research Pvt. Ltd., (i.e. non-existent entity), the ld. AR argued that appeal before the ld. CIT(A) was electronicall....
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....r company were to stand transferred to the transferee company without any further act or deed. On 2nd April, 2013, Maruti Suzuki India Ltd. intimated the A.O about the amalgamation. The case was selected for scrutiny and a notice under sec. 143(2) of the Act was issued on 26-9-2013, followed by a notice under Sec. 142(1) to the amalgamating company. On 22nd January, 2016, the Transfer Pricing Officer passed an order under sec. 92CA (3) of the Act. On 11th March, 2016, a draft assessment order was passed in the name of Suzuki Powertrain (amalgamated with Maruti Suzuki India ltd.). It is a matter of fact that the assessee viz. Maruti Suzuki India Ltd. had participated in the assessment proceedings of the erstwhile amalgamating entity i.e. Suzuki Powertrain India Ltd. through its authorized representatives and officers. On 14th October, 2016, the DRP issued its order in the name of Maruti Suzuki India Ltd. (as successor in interest of erstwhile Suzuki Powertrain India Ltd. since amalgamated). The final assessment order was passed on 31st October, 2016 in the name of Suzuki Powertrain India Ltd. (amalgamated with Maruti Suzuki India Ltd.). On appeal, the Tribunal 'set aside' th....
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..... The amalgamation of the two companies was effected under the order of the High Court in proceedings under section 391 read with section 394 of the Companies Act. The Saraswati Industrial Syndicate. the trans free Company was a subsidiary of the Indian Sugar Company, namely, the transferor Company. Under the scheme of amalgamation the Indian Sugar Company stood dissolved on 29th October, 1962 and it ceased to be in existence thereafter. Though the scheme provided that the transferee Company the Saraswati Industrial Syndicate Ltd. undertook to meet any liability of the Indian Sugar Company which that Company incurred or it could incur, any liability, before the dissolution or not thereafter. Generally, where only one Company is involved in change and the rights of the share holders and creditors are varied, it amounts to reconstruction or reorganisation or scheme of arrangement. In amalgamation two or more companies are fused into one by merger or by taking over by another. Reconstruction or amalgamation has no precise legal meaning. The amalgamation is a blending of two or more existing undertakings into one undertaking, the share holders of each blending Company become s....