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Income Tax Appellate Tribunal, BENCH ‘D’ KOLKATA
Before: Hon’ble Shri J.Sudhakar Reddy, AM & Shri A.T.Varkey, JM ]
ORDER PER J.SUDHAKAR REDDY, AM:
This is an appeal by the assessee directed against the order of the Commissioner of Income Tax-(A)-5, Kolkata relating to A.Y. 2007-08.
At the time of hearing it was brought to our notice that the assessee company M/s. Malanpur Steel Ltd. has merged with M/s. Hindusthan Engineering & Ind. Ltd w.e.f. 01.04.2009. The AO has passed the assessment order on 14.11.2009 on the merged company i.e. M/s. Malanpur Steel Ltd. The Board for Industrial and Financial Reconstruction Bench-1 had passed an order on 04.09.2012 sanctioning the scheme. The merged company M/s. Malanpur Steel Ltd filed an appeal before the ld. CIT(A) and the ld. CIT(A) passed an order in the name of the merged company on 15.12.2015. Thereafter the successive company M/s. Hindusthan Engineering & Ind. Ltd has filed the appeal before us.
In our view the issue whether the assessment order and order of the ld. CIT(A) were passed in the name of the amalgamated company, was not raised before the First Appellate Authority. This is a jurisdictional issue going into the root of the matter.
M/s. Hindusthan Engineering & Ind. Ltd . A.Y.2007-08 2 This legal issue has been raised before us for the first time. We are of the opinion that the ld. CIT(A) should first consider this issue. Hence this issue is set aside to the file of the First Appellate Authority for adjudication in accordance with law.
In the result the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the Court on 13.10.2017.
Sd/- Sd/- [A.T.Varkey] [ J.Sudhakar Reddy ] Judicial Member Accountant Member Dated : 13.10.2017. [RG Sr.PS] Copy of the order forwarded to: 1.M/s. Hindusthan Engineering & Ind. Ltd. (Unit: M/s. Malanpur Steel Ltd. Since merged), C/o Salarpuria Jajodia & Co., 7, C.R.Avenue, Kolkata-700072. 2. D.C.I.T., Circle-3, Kolkata. 3. C.I.T.(A)- 5, Kolkata 4. C.I.T-5, Kolkata 5. CIT(DR), Kolkata Benches, Kolkata. True Copy By order,
Senior Private Secretary Head of Office/D.D.O, ITAT Kolkata Benches