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Income Tax Appellate Tribunal, PUNE BENCH, ‘A’ PUNE
Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI
आदेश / ORDER
PER R.S. SYAL, VP :
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.
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.
In view of our decision on this legal issue, there is no need to go into the merits of the appeal.
In the result, the appeal is allowed.
Order pronounced in the Open Court on 04th May, 2023.