LEAR AUTOMOTIVE INDIA PVT.LTD,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 9, PUNE

PDF · subscribers
ITA 1304/PUN/2018Status: HeardITAT Pune04 May 2023AY 2014-154 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessment order passed in the name of a non-existing entity is invalid. Therefore, the assessment order was quashed.

What were the facts?

The assessment order was passed in the name of an entity that had been amalgamated with another company prior to the assessment. The assessee informed the AO about the amalgamation before the assessment order was passed.

What were the issues?

Whether an assessment order passed in the name of a non-existing entity after its amalgamation is valid.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘A’ PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Dhanesh Bafna &, Mr. Hardik Nirmal
For Respondent: Shri Mallikarjun Utture

आदेश / ORDER

PER R.S. SYAL, VP :

1.

This appeal by the assessee is directed against the order dated 20-06-2018 passed by the CIT(A)-6, Pune in relation to the assessment year 2014-15.

2.

At the very outset, the ld. counsel for the assessee submitted that the facts and circumstances of this appeal are mutatis mutandis similar to those of immediately preceding assessment year 2013-14 which was argued simultaneously before the Tribunal. The ld. AR submitted that the additional ground was raised before the ld. CIT(A) urging that the assessment order passed in the case of non-existing entity should be quashed. He took us through the relevant discussion in the impugned order contained in para 6.1 onwards which highlights the factual scenario that the assessment order was passed in the name of M/s.

Lear Oragadam Automotive (formerly known as Tacle Automotive India Private Limited). As against that Lear Oragadam Automotive India Private Limited got amalgamated with Lear Automotive India Private Limited w.e.f. 01-04-2016 by means of an order of National Company Law Tribunal (NCLT) on 01-03-2017. The assessment order in this case has been passed on 30-11-2017, i.e., after the passing of the order passed by the NCLT and the assessee conveying such fact to the AO.

Following the reasoning given by us in our order for the assessment year 2013-14, we allow this ground of appeal and quash the assessment order passed in the name of non-existing entity.

3.

In view of our decision on this legal issue, there is no need to go into the merits of the appeal.

4.

In the result, the appeal is allowed.

Order pronounced in the Open Court on 04th May, 2023.

Recent GST High Court judgments

Search GST case law →