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Tax Act, 1961 (hereinafter referred to as 'the Act') by the ACIT, CC-12, New Delhi (hereinafter referred to as the Ld. AO).

2. The only question involved in these two appeals of the Revenue is whether the CIT(A) was justified in quashing the assessment on the ground that the assessment was framed in the name of nonexistent entity.

3. The ld. DR has submitted that as the Assessing Officer was not informed of the fact of amalgamation, therefore, the AO cannot be faulted. It was also submitted that the Assessing Officer or the search team was not aware of the alleged fact of merger of the assessee with M/s Varun Beverages Ltd.

ITAs No.4989 & 4991/Del/2019 DCIT vs. Varun Beverages (International) Ltd.

3. After taking into consideration the aforesaid findings of the ld. CIT(A), we are of the considered view that there is no error in the findings. It is undisputed fact that on the day of initiation of proceedings u/s 153A as well as on the date of completing the assessment order M/s Varun Beverages (International) Limited did not exist on records of ROC. The ld. AR has established before us on the basis of the return filed and the communications of both the entities during the assessment proceedings that the fact of amalgamation w.e.f. 01.02.2012 was categorically brought into the knowledge of the Assessing Officer. Though we are not entering into the question of the valid assumption of jurisdiction itself u/s 153A, however, the fact that even if it is assumed that for want of knowledge the AO or the search officials cannot be faulted in taking out search proceedings in the name of the nonexistent entity, still, the fact of ultimate assessment was also drawn in the name of a non-