2022 (11) TMI 1517

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.....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. Srivastava, learned counsel appearing for the assessee s....

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....t 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 deciding the issue we have to bear in mind the following crucial dates an....