TaxTMI 
TaxTMI 
2022 (1) TMI 31
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....ed that the delay in filing appeal has been caused because of such prevailing circumstances due to pandemic and it is neither deliberate nor intentional on the part of the assessee and hence, it may be condoned. The Ld. DR has also conceded to submissions of the assessee and did not raise any objection in condoning the delay. We have perused the directions of the Hon'ble Supreme Court (supra.) and abiding by the said directions, in the given facts and circumstances, we have appreciated that this delay on the part of the assessee is neither deliberate nor intentional. We, therefore, condone the delay and proceed to hear the appeal on merits. 3. The Ld. Counsel for the assessee thereafter submitted that there is a legal issue involved in this appeal and if they succeed on this legal issue then there would be no need to argue any other grounds filed in the appeal memo. The said legal issue enshrined in Ground No.2 of the appeal memo which reads as follows: "2. Procedural irregularity in issuance of final assessment order Erred on the facts and in the circumstances of the case and in law by passing final assessment order in the name of TriZetto Services India Priva....
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....n also do the needful for effecting the transfer of all the tax credits pertaining to Financial Year 2018-19 (AY 2019-20) and Financial Year 2019-20 ( AY 2020-21) standing in the name of Trizetto Services to PAN of CTS India (i.e. AAACD3312M) Assistant Commissioner of Income Tax, Circle-7, Pune PAN of the Trizetto Services India Private Limited -AABCT8862F 25 October, 2019 We request you to take the above on record. We shall be obliged to provide any further information/clarification that you may require in this regard. Thanking you Yours faithfully For Cognizant Technology Solutions India Private Limited (As successor-in-interest of Trizetto Services India Private Limited) Sd/- Authorized Signatory Copy to : 1. Commissioner of Income Tax, Pune 2. Deputy Commissioner of Income Tax, Transfer Pricing-2(2), Pune 3. Deputy Commissioner of Income Tax, Large Taxpayer Unit-1, Chennai" 5. In this said letter, the assessee has specifically mentioned that the Government of India, Ministry of Corporate Affairs (SR) has sanctioned the scheme of Amalgamation ....
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.... India Private Ltd.,(Transferee Company) approved by their respective members and creditors as required under section 233(1)(b) and (d), of the Companies Act, 2013 is hereby confirmed and the scheme shall be effective from the 1st April, 2018 and subject to compliance of Proviso to Sub Section (11) of Section 233 of the Companies Act, 2013 in respect of merger of authorized capital. A Copy of the approved scheme is attached to this order Sd/- (M.R. Bhat) Regional Director (SR) Date : 06.09.2019 Place : Chennai 7. Therefore, the Ld. Counsel successfully demonstrated before us that the scheme of amalgamation of the company has taken place effective from 01 April, 2018 after which Trizetto Services has ceased to exist and it is amalgamated with CTS India. This information was duly placed before the Department at its various offices as has been brought to our notice. In spite of the correct information of amalgamation by the assessee, the Department still proceeded to pass relevant orders in respect of assessment in the name of Trizetto Services only. The draft assessment order dated 24.12.2019 was passed in the name of Trizetto Services India Private Limited....
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....dverted to in Section 292B of the Act. In this case, final assessment order has been passed dated 27.03.2021 in the name of Trizetto Services India Private Limited which has ceased to exist as per Scheme of amalgamation w.e.f. 01 April, 2018 and as has been certified by Confirmation order of Scheme of Amalgamation by Regional Director (SR) dated 06.09.2019, Chennai. All these information was intimated by the assessee to the Department vide letter (supra.) at various offices i.e. the office of Assistant Commissioner of Income Tax, Circle-7, Pune dated 1st November, 2019 and also filed at the office of Pr. Commissioner of Income Tax, IT, Pune dated 4th November, 2019. In spite of these efforts by the assessee for properly intimating the department about the amalgamation and regarding the fact that Trizetto Services has been amalgamated with CTS India and has ceased to exist, still the Department had passed the final assessment order in the name of Trizetto Services. Therefore, as held by the Hon'ble Supreme Court (supra.), the assessment in the name of a company which has been amalgamated and dissolved has to be declared null and void. 10. That on identical facts and circumstances....