Document Fragment View

Matching Fragments

Since the assessment order has been quashed, other pleas raised by the appellant are not decided. Due to quashing of the assessment order, other grounds of appeal raised by the appellant have become infructuous, accordingly, they are not decided.‖ Aggrieved now, Revenue is in appeal before Tribunal.
6. We have heard the rival contentions and gone through the facts and circumstances of the case. We find in the aforesaid case relied upon herein, the assessment order had been passed in a similar manner like the present one before us where the name of amalgamating company was referred to followed by the fact that the said company had merged with TCL and this Tribunal by following the ratio laid down by the Hon‟ble Supreme Court in the case of Maruti Suzuki India Ltd., reported in 416 Page | 6 Piramal Enterprises Ltd..; AY 10-11 ITR 613 had declared the final assessment order as void ab initio for having been passed in the name of non-existent entity. We find that before us, the ld. DR filed detailed written submissions by placing reliance on various decisions by also filing a detailed paper book comprising of various documents through e-mail, all the factual documents relied upon by the ld. DR and placed on record by him in the paper book does not advance the case of the revenue in as much as the notice u/s.148 of the Act was issued in the name of nonexistent entity and re-assessment framed in the name of non-existent entity. Merely, because the assessee had participated in the said reassessment proceedings after pointing out the actual fact of amalgamation before erstwhile AO, the assessment framed by a non-jurisdictional AO cannot be sustainable in the eyes of law. With regard to decisions relied upon by the ld. DR, we find that all those decisions were already considered by the Hon‟ble Apex Court in the case of Maruti Suzuki India Ltd. reported in 416 ITR 613 and in any case, the decision of the Hon‟ble Supreme Court would bind us as it becomes the law of the land under Article 141 of the Constitution. The relevant operative portion of the facts as well as the finding given by the Hon‟ble Supreme Court in Maruti Suzuki India Ltd. are as under:-