2022 (11) TMI 1517

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....ng to assessment year 2005-06. ITA No.99/Del/2015 (Assessee's Appeal) 2. Ground no. 1, wherein, the assessee has raised a legal issue challenging the validity of the assessment order reads as under: "1. The Ld. CIT(A) has erred in directing the Assessing Officer to reduce the expenditure incurred in foreign exchange from the "total turnover" in respect of provisions of section 10A of the IT Act." 3. Since, the issue raised in this ground is a purely legal and jurisdictional issue going to the root of the matter and can be decided without making fresh investigation into the facts, not only we admit the additional ground, but, at the very outset, we deem it appropriate to address this issue. 4. Before us, Sh. G.C. Sriv....

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....ld not controvert the fact that the assessee had intimated the fact of amalgamation to the Assessing Officer much prior to the completion of assessment, however, he submitted that passing of the assessment order in the name of erstwhile company is not fatal. In support of such contention, he relied upon the decision of the Hon'ble Supreme Court in case of Principal CIT (Central)-2 Vs. M/s. Mahagun Realtors (P) Ltd., Civil Appeal No. Nil of 2022 (Arising out of Special Leave Petition (C) No.4063 of 2020). 4. We have considered rival submissions and perused the materials on record. The short issue arising for consideration before us is, whether the assessment order having been passed in the name of a non-existent entity is valid. For decid....

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....tal Representative. On a careful reading of the decision cited by learned Departmental Representative, it is very much clear that in the facts of this case, the Hon'ble Supreme court has recorded a categorical finding that at no point of time the assessee intimated the Assessing Officer about the fact of amalgamation and continued to use the old name. 6. Considering the peculiar factual position, the Hon'ble Supreme Court rejected assessee's challenge to the validity of the order passed in the name of erstwhile entity. However, in the very same case, the Hon'ble Supreme Court has made it clear that the facts involved in case of PCIT Vs. Maruti Suzuki India Ltd. (supra) are different. Thus, in our view, in the facts of the present case, t....