2026 (4) TMI 725

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.....12.2018 of the of the Ld. Assessing Officer/DCIT Circle-25(2), New Delhi(hereinafter referred to as "Ld. AO"), u/s 143(3) of the Act for Assessment Year 2006-07. 2. Brief facts of the case are that, the assessee M/s HCI Infinet Ltd., PAN No.AAACH7784H filed return of income of Rs.2,30,72,99,650/- on 15.03.2007. The case was selected for scrutiny. Notice u/s 143(2) of the Act was issued. The assessment was completed u/s 143(3) of the Act on 30.12.2008 at total income of Rs.2,32,45,33,297/- after making various additions. 3. First appeal by Ld. CIT(A) was decided on 01.08.2013. Tribunal vide order dated 26.05.2017 deleted various disallowances and remanded the matter to Ld. AO qua issue of addition on account of creditor balances amoun....

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....ith HCL Infosystems Ltd., and consequently ceased to exist, is illegal, without jurisdiction and void-ab-initio. 2.2 That the CIT(A) erred on facts and in law in not holding that since the assessing officer exercising jurisdiction over the appellant was DCIT, Circle-11(1), Delhi and not DCIT, Circle-25(2), Delhi, who completed the impugned assessment and consequently, the order passed is without jurisdiction and liable to be quashed. 2.3 That the CIT(A) erred on facts and in law in not adjudicating the additional ground of the appellant that impugned order having been passed by the officer not exercising jurisdiction over the appellant is without jurisdiction and liable to be quashed. 3. That on the facts and circ....

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....red on facts and in law in levying/ charging and computing interest under section 234B of the Act. 6. Ld. Authorized Representative for appellant-assessee M/s HCL Infosystems Ltd as successor in interest of erstwhile M/s HCL Infinet Ltd., submitted that assessment order dated 07.12.2018 is against M/s HCL Infinet Ltd., PAN No.AAACH7784H was a non-existent entity. Ld. AO was aware of factum of merger/amalgamation. M/s HCL Infinet Ltd., w.e.f. 01.04.2006 had merged/amalgamated with M/s HCL Infosystems Ltd pursuant to approval of scheme of arrangement by the Delhi High Court on 20.03.2007 and thus ceases to exist after the said date. 7. It is settled law that and notice/order passed in the name of a non-existent amalgamating entity is vo....

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....ent appellant M/s HCL Infosystems India's premier hardware, services and ICT systems integration and distribution company any Tikona Digital Networks Limited (Tikona) today announced the signing of the agreement on latter taking up the entire equity stake of HCL Infinet Limited, a wholly owned subsidiary of HCL Infosystems. 11. From examination of record, it is crystal clear that, erstwhile M/s HCL Infinet Ltd. PAN No.AAACH7784H merged/amalgamated with M/s HCL Infosystems Ltd. PAN No. AAACH2420C w.e.f. 01.04.2006 vide order dated 20.03.2007 and Hon'ble High Court of Delhi approving amalgamation/merger from opening date of 01.04.2006. In the second round, after remand by the Tribunal M/s HCL Infosystems Ltd. vide response dated 05.11.2018....