What did the Tribunal hold?

The Tribunal held that an appeal cannot be adjudicated in the name of a non-existent entity. Therefore, the appeal filed by the amalgamating company was dismissed.

The assessee company, Sangit Tracon (P) Ltd., filed an appeal for AY 2012-13. However, it was pointed out that the company had merged with Pushpsri Fiscal Pvt. Ltd. in 2015, making the original appellant a non-existent entity.

What were the issues?

Whether an appeal filed by a merged entity can be adjudicated. The assessee sought permission to withdraw the appeal and file a fresh one in the name of the amalgamated company.

Sangit Tracon (P) Ltd vs ITO | ITAT Kolkata 2023

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Before: Shri Rajesh Kumar & Shri Sonjoy Sarma]

ORDER / आदेश Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)”] dated 9.5.2022 for the AY 2012-13.

At the outset the Ld. Counsel for the assessee submitted that the appeal in this case has been filed in the name of M/s Sangit Tradelink Pvt. Ltd. which was merged with Pushpsri Fiscal Pvt. Ltd. vide order dated 23.12.2015 in the scheme of amalgamation. The Ld. A.R also pointed out that even the appellate order has been passed in the name of non-existent company as the amalgamation has happened prior

Assessment Year: 2012-13 Sangit Tracon (P) Ltd. to that date as stated hereinabove. The Ld. A.R therefore prayed before the Bench that the assessee may be allowed to withdraw the present appeal filed in the name of non existent entity i.e. amalgamating company and further prayed that a leave may be granted to file fresh appeal in the name of amalgamated company and any delay in filing the appeal may be condoned if the appeal is filed within a reasonable time. The Ld. A.R therefore prayed before the Bench that the present appeal may kindly be dismissed with the opportunity to the assessee to file fresh appeal in the name of M/S Pushpsri Fiscal Pvt. Ltd..

The Ld. D.R on the other hand left the issue to the wisdom of the Bench.

After hearing rival contentions and perusing the material on record, we observe that the assessee has filed the instant appeal in the name of amalgamating company which has merged with M/S Pushpsri Fiscal Pvt. Ltd. vide order dated 23.12.2015 passed by the Hon’ble High Court. We are of the view that the appeal in the name of amalgamating company cannot be adjudicated as being non-existent entity and it has to be the name of amalgamated company. Accordingly we are dismissing this appeal with liberty to file fresh appeal in the name of amalgamated company. Pertinent to state that the time period from the date of filing of this appeal till the date of filing the fresh appeal in the name of amalgamated company would not be considered while reckoning limitation period.

In the result, the appeal of the assessee is dismissed in terms of observation/direction given above.

Order is pronounced in the open court on 16th June, 2023

SANGIT TRACON (P) LTD,KOLKATA vs. ITO, KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

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