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"3. Ground Nos. 1,2 & 3
With regard to these common grounds, at the appellate stage,
the AR of the appellant apprised me of the fact that the matter had
been settled by the CIT(A), Kolkata in the Income Tax proceeding of
the appellant's own case for the same assessment year whereby the
assessment had been declared as null and v oid for the reason that
assessment had been made on a nonexistent entity. The appellant had
ceased to exist w.e.f 04.04.2004. In this regard, a supplementary
written submission was filed enclosing a copy of the CIT(A)'s order
which is placed on record. Since it is a fact with reference to the
appellate I.T order in ITA No. 596/CIT(A)-4/Ward-10(4)/Kol/14-15
dated 24.08.2015, that the order passed by the AO had been nullif ied
on the ground that assessment had been made on a nonexistent entity,
the same fact of which prevails in the instant wealth tax case, I do not
M/s. Visa Energy Resources Ltd
find any basis to endorse the findings and decision arrived at by the
AO in his order when an assessment has been made on a nonexistent
assessee. In the same vein as deliberated in the I.T order for the same
assessment year as ref erred to in the foregoing, the instant wealth tax
assessment also cannot survive the test of appeal. Since the present
impugned wealth tax assessment order for the AY 2004-05 was passed
on 31.12.2009, when in fact the appellant company ceased to exist
w.e.f 04.04.2004 as discussed supra, the assessment is bad in law and
void ab initio which can only be considered as an ultra vires order and,
therefore, the same stands nullif ied. As I have nullified the imp ugned
order, the other remaining grounds of appeal are of no consequences
and only academic in nature and thus, not deal with."