TaxTMI 
TaxTMI 
2022 (10) TMI 391
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....low:- The grounds of appeal set out below are without prejudice to each other: "1. On the facts and in the circumstances of the case and in law, the lower authorities erred in confirming the validity of reassessment order passed u/s. 143(3) r.w.s 147 of the Act, inspite of the fact that said assessment was reopened by issuing notice u/s. 148 of the Act on a non-existent company i.e, Delta Services (India) Pvt. Ltd. (amalgamated with 3i Infotech Consultancy Services Ltd.) without assigning any reasons for doing so which is wrong and contrary to the facts of the case, the provisions of the Income Tax Act and its Rules made thereunder. 2. On the facts and in the circumstances of the case and in law, the lower authorities erred in initiat....
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....lant in its revised return of income which is short to the extent of Rs. 84,10,931/-, which is wrong and contrary to the facts and circumstances of the case, provisions of the Income Tax Act, 1961 and Rules made thereunder." 3. The brief facts of the case are that the assessee is engaged in the business of outsourcing voice management data, management, etc. The assessee filed its return of income for the assessment year under consideration on 29/09/2010 declaring total income at Nil. The return was revised by the assessee on 17/08/2011 declaring total income at Rs.6,74,21,281/- as M/s Delta Services (India) Pvt Ltd which is 100% subsidiary of M/s 3i Infotech Limited and Manipal Informatics Pvt Ltd which is a 100% subsidiary of M/s Delta S....
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....ubsequent to the order of the Hon'ble Bombay High Court. The Ld.AR contended that the merger of the assessee company with M/s Delta Services (India) Pvt Ltd was with effect from 01/04/2009. The Assessing Officer in the assessee's case has issued notice under section 148 on 22/11/2013 in the name of Delta Services (India) Pvt Ltd i.e. subsequent to the merger. The Ld.AR relied on the judgement in the case of PR.Commissioner of Income Tax, New Delhi vs Maruti Suzuki India Limited (Supreme Court) (2019) 107 taxmann.com 375 (SC). 5. The Ld.DR, on the other hand, contended that though the notice under section 148 was issued in the name of the non existing company, the assessment order was passed in the name of the assessee company. The Ld.DR re....
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....pra), we find that the Hon'ble Apex Court has held as under:- "33. In the present case, despite the fact that the assessing officer was informed of the amalgamating company having ceased to exist as a result of the approved scheme of amalgamation, the jurisdictional notice was issued only in its name. The basis on which jurisdiction was invoked was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation. Participation in the proceedings by the appellant in the circumstances cannot operate as an estoppel against law." 8. Respectfully following the above decision of the Hon'ble Apex Court in the case of Maruti Suzuki Limited (supra), we consider the fact that the....