Spice Infotainment Ltd. v. CIT

247 CTR 500High Court2012#928 most cited

What is Spice Infotainment Ltd. v. CIT authority for?

An assessment framed in the name of a company that has ceased to exist due to amalgamation is invalid, even if the amalgamated company participated in the proceedings. Such a defect cannot be cured under section 292B of the Income-tax Act.

114

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2016 to 2026.

Also referred to as

Spice Infotainment Ltd. · CIT · 247 CTR 500 · HC · 2012 · assessment in name of dissolved company · invalid assessment · section 170 · section 292B · amalgamation · scheme of arrangement · resulting company · transferee company

Sections most often in play

Section 147Section 148Section 143(3)Section 144Section 142(1)Section 250Section 292BSection 143(2)

Issues it is cited on

section 170section 39section 2(31)transferee companytransferor companydoctrine of mergerresulting companycost plus methodscheme of arrangementsection 292bamalgamationlegal representative

Judgments citing Spice Infotainment Ltd. v. CIT

Smt. Bhumika Navinbhai Patel, Baroda vs. The Income Tax Officer, Ward-2(2), Baroda

In the result, the appeal of the assessee is dismissed

ITA 483/AHD/2017[2008-09]Status: DisposedITAT Ahmedabad08 Apr 2019AY 2008-09

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.481-485/Ahd/2017 िनधा"रण वष"/Asstt. Years: (2006-2007 To 2010-11) Bhumika Navinbhai Patel, I.T.O, L/H Of Navinbhai Punjabhai Patel, Vs. Ward-2(2), 1, Priya Park Society, Baroda. Ellora Park, Baroda. Pan: Acspp2440D

For Appellant: Shri K.P. Singh, A.RFor Respondent: Shri Lalit P. Jain, Sr. DR
Section 143(2)Section 143(3)Section 147

…ssed to M/s Sky Light Hospitality Pvt. Ltd., a company which had been dissolved, was an error and technical lapse on the part of the respondent. No prejudice was caused. 18. Petitioner relies on Spice Infotainment Ltd. vs. Commissioner of Service Tax, (2012) 247 CTR 500. Spice Corp. Ltd., the company that had filed the return, had amalgamated with another company. After notice under Section 147/148 of the Act was issued and received in the name of Spice Corp. Ltd., the Assessing Officer was informed about amalgamation but the Assessment Order was passed in the name of the amalgamated company and not in the name…

Smt. Bhumika Navinbhai Patel, Baroda vs. The Income Tax Officer, Ward-2(2), Baroda

In the result, the appeal of the assessee is dismissed

ITA 482/AHD/2017[2007-08]Status: DisposedITAT Ahmedabad08 Apr 2019AY 2007-08

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.481-485/Ahd/2017 िनधा"रण वष"/Asstt. Years: (2006-2007 To 2010-11) Bhumika Navinbhai Patel, I.T.O, L/H Of Navinbhai Punjabhai Patel, Vs. Ward-2(2), 1, Priya Park Society, Baroda. Ellora Park, Baroda. Pan: Acspp2440D

For Appellant: Shri K.P. Singh, A.RFor Respondent: Shri Lalit P. Jain, Sr. DR
Section 143(2)Section 143(3)Section 147

…ssed to M/s Sky Light Hospitality Pvt. Ltd., a company which had been dissolved, was an error and technical lapse on the part of the respondent. No prejudice was caused. 18. Petitioner relies on Spice Infotainment Ltd. vs. Commissioner of Service Tax, (2012) 247 CTR 500. Spice Corp. Ltd., the company that had filed the return, had amalgamated with another company. After notice under Section 147/148 of the Act was issued and received in the name of Spice Corp. Ltd., the Assessing Officer was informed about amalgamation but the Assessment Order was passed in the name of the amalgamated company and not in the name…

Sma Construction Pvt. Ltd. (Now Amalgamated With Buniyad Developers Pvt. Ltd.), New Delhi vs. Pr. CIT- 8, New Delhi

In the result, the appeal of the assessee is allowed

ITA 4832/DEL/2018[2010-11]Status: DisposedITAT Delhi18 Mar 2019AY 2010-11

Bench: Shri G.D. Agrawal, Before Shri G.D. Agrawal, Vice & And Before Shri Before Shri G.D. Agrawal, G.D. Agrawal, Vice & And Shri K. Narasimha Chary Shri K. Narasimha Charyshri K. Narasimha Chary Shri K. Narasimha Chary

For Appellant: Shri Rajeev Saxena, AdvocateFor Respondent: Shri S.S. Rana, CIT-DR
Section 148Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI BENCH DELHI DELHI BENCH BENCH ’G’: NEW DELHI BENCH : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.D. AGRAWAL, BEFORE SHRI G.D. AGRAWAL, VICE VICE PRESIDENT PRESIDENT AND AND BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, G.D. AGRAWAL, VICE VICE PRESIDENT PRESIDENT AND AND , JUDICIAL MEMBER SHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER SHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARY , JUDICIAL MEMBER , JUDICIAL MEMBER ITA No 4832/Del/2018 ITA…

ACIT, New Delhi vs. Sh. Kartik Patel, Ahmedabad

In the result, the Revenue’s Appeal stands dismissed

ITA 1682/DEL/2016[2010-11]Status: DisposedITAT Delhi18 Mar 2019AY 2010-11

Bench: Shri H.S. Sidhu

For Appellant: Smt. Rano Jain, Adv. & Sh. R.KFor Respondent: Smt. Puja Jindal, CIT(DR)Smt. Rano
Section 132Section 153Section 153C

…New Delhi vide his order dt. 31.10.2014 in appeal no. 338/14-15 for AY 2010-11 quashed the order of the AO in the case of SIPL holding that the company was not in existence as on 01.04.2010 following the decision of Spice Infotainment Ltd. vs CIT (2012) 247 CTR 500 (Del) and other decisions. Copy of the assessment order and the CIT(A)’s order have been filed. As submitted by the appellantt’s AR, the department has not filed 2nd appeal in view of the fact of non-existence of the SIPL as on 30 01.4.2010. In fact, the appeals of AYs 26-07 to 2012-13 of SFPL are also pending and under proceeding before me.…

DCIT, New Delhi vs. M/S. Vama Sundari Investment (Delhi) (P) Ltd., New Delhi

ITA 1187/DEL/2016[2011-12]Status: DisposedITAT Delhi28 Feb 2019AY 2011-12

Bench: Shri Kuldip Singh & Dr. M.L. Meena

For Appellant: Shri Rohit Jain, AdvocateFor Respondent: Ms. Rinku Singh, Senior DR
Section 292B

…passed by the ld. CIT (A) by relying upon the decisions rendered by Hon’ble Supreme Court in case of PCIT vs. BMA Capfin Ltd. 4 ITA No.1187/Del./2016 – 100 taxmann.com 330, decisions rendered by Hon’ble Delhi High Court in CIT vs. Spice Entertainment Ld. – 247 CTR 500 and CIT vs. Dimension Apparels Pvt. Ltd. – 370 ITR 288 and also the decision rendered by the coordinate Bench of the Tribunal in case cited as ACIT vs. M/s. Mahagun Realtors (P) Ltd. in ITA No.3664/Del/2012 order dated 16.07.2018. 7. From the facts and circumstances of the case, grounds raised by the assessee and arguments addressed by the partie…

Ambey Construction Company, Bathinda vs. The Assistant Commissioner of Income Tax, Bathinda

In the result, the appeal of the assessee is allowed

ITA 121/ASR/2017[2011-12]Status: DisposedITAT Amritsar21 Feb 2019AY 2011-12

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 121/Asr./2017 : Asstt. Year : 2011-12 Ambey Construction Company, Vs Asstt. Commissioner Of #21605, Street No. 7, Power House Income Tax, Circle-1, Road, Bathinda Bathinda (Appellant) (Respondent) Pan No. Aanfa7199K

For Appellant: Dr. Rakesh GuptaFor Respondent: Sh. M. P. Singh, CIT DR
Section 143(3)Section 145(3)Section 147Section 148Section 282Section 68

…./2017 7 Ambey Construction Company this manner, the order passed in the name of a non-existent entity will still remain illegal. The relevant findings of the Hon'ble High Court are as follows: “18. Petitioner relies on Spice Infotainment Ltd. Vs. CIT [2012] 247 CTR 500 (Delhi). Spice Corp. Ltd. The company that had filed return, had amalgamated with another company. After notice under section 147 /148 of the Act was issued and receive in the name of Spice Corp. Ltd., the Assessing Officer was informed about amalgamation but the Assessment Order was passed in the name of amalgamated company and not in the name o…

Joint Commssioner of Income Tax, Ltu, Bangalore vs. Hewlett Packard India Sales Pvt Ltd, Bangalore

ITA 1137/BANG/2014[2003-04]Status: DisposedITAT Bangalore15 Feb 2019AY 2003-04

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadalem/S. H.P. India Sales Pvt. Ltd. (Formerly Known As Hewelett-Packard India Sales Pvt. Ltd.), 24, Salarpuria Arenam Hosur Main Road, Bengaluru-560 030. … Appellant Pan:Aaacc9862F Vs. Joint Commissioner Of Income-Tax, Ltu, Bengaluru. … Respondent & (By Revenue) Assessee By : Shri Sharath Rao, Ca. Revenue By : Shri C.H.Sundar Rao, Cit(Dr) Date Of Hearing : 07/02/2019 Date Of Pronouncement: 15/02/2019 O R D E R Per Bench : These Are Cross Appeals Filed By The Revenue & The Assessee Against The Order Of The Cit(A), Ltu, Bengaluru, Dated 30/06/2014 For The Assessment Years 2002-03 & 2003-04. Since The Issues Are Common In Both The Appeals, They Were Heard Together & Disposed Of By This Common Order.

For Appellant: Shri Sharath Rao, CAFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 200(1)Section 394Section 40Section 40a

…sessment notice in the name of the erstwhile entity, would be cured u/s 292B of the Act and supported his arguments relying on judicial decisions. Whereas learned AR referred to Hon’ble Delhi High Court decision in the case of Spice Infotainment Ltd. vs. CIT (247 CTR 500), the headnote of the decision is as under: “Assessment-Validity—Assessment in the name of non-existing amalgamating company—Though S Ltd. was in existence minis filed the returns for the relevant assessment years, it got amalgamated with MC Ltd. before the case was selected for scrutiny and assessment proceedings could be initiated—With this ama…

Hewlett Packard India Sales Pvt Ltd, Bangalore vs. Joint Commssioner of Income Tax, Ltu, Bangalore

ITA 1135/BANG/2014[2003-04]Status: DisposedITAT Bangalore15 Feb 2019AY 2003-04

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadalem/S. H.P. India Sales Pvt. Ltd. (Formerly Known As Hewelett-Packard India Sales Pvt. Ltd.), 24, Salarpuria Arenam Hosur Main Road, Bengaluru-560 030. … Appellant Pan:Aaacc9862F Vs. Joint Commissioner Of Income-Tax, Ltu, Bengaluru. … Respondent & (By Revenue) Assessee By : Shri Sharath Rao, Ca. Revenue By : Shri C.H.Sundar Rao, Cit(Dr) Date Of Hearing : 07/02/2019 Date Of Pronouncement: 15/02/2019 O R D E R Per Bench : These Are Cross Appeals Filed By The Revenue & The Assessee Against The Order Of The Cit(A), Ltu, Bengaluru, Dated 30/06/2014 For The Assessment Years 2002-03 & 2003-04. Since The Issues Are Common In Both The Appeals, They Were Heard Together & Disposed Of By This Common Order.

For Appellant: Shri Sharath Rao, CAFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 200(1)Section 394Section 40Section 40a

…sessment notice in the name of the erstwhile entity, would be cured u/s 292B of the Act and supported his arguments relying on judicial decisions. Whereas learned AR referred to Hon’ble Delhi High Court decision in the case of Spice Infotainment Ltd. vs. CIT (247 CTR 500), the headnote of the decision is as under: “Assessment-Validity—Assessment in the name of non-existing amalgamating company—Though S Ltd. was in existence minis filed the returns for the relevant assessment years, it got amalgamated with MC Ltd. before the case was selected for scrutiny and assessment proceedings could be initiated—With this ama…

Income Tax Officer Ward 5(3)(2), Mumbai vs. Shreepati Infra Realty Limited, Mumbai

ITA 4610/MUM/2017[2007-08]Status: DisposedITAT Mumbai30 Jan 2019AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

For Appellant: Shri Anil Sathe, ARFor Respondent: Shri B.B. Rajendra Prasad, DR
Section 143(1)Section 143(3)Section 147Section 148

…under section 148 of the Act be issued in the case of a company non-existent. 9. We find that in this regard reference was made by the learned Counsel for the assessee of Hon’ble Delhi High Court judgment in the case of Spice Infotainment Ltd. Vs. CIT (2012) 247 CTR 500 (Del) wherein it has been held as under: - 6. On the aforesaid reasoning and analysis, the Tribunal summed up the position in Para 14 of its order which reads as under: "In the light of the discussions made above, we, therefore, hold that the assessment made by the AO, in substance and effect, is not against the non-existent amalgamating compan…

Shreepati Infra Realty Ltd.(With Respect to M/S. Reliant Viniyog Pvt. Ltd.Amalgamated With Shreepati Infra Reality Ltd. W.E.F.01.11.2009), Mumbai vs. ITO 13(3)(1), Mumbai

ITA 4133/MUM/2017[2007-08]Status: DisposedITAT Mumbai30 Jan 2019AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

For Appellant: Shri Anil Sathe, ARFor Respondent: Shri B.B. Rajendra Prasad, DR
Section 143(1)Section 143(3)Section 147Section 148

…under section 148 of the Act be issued in the case of a company non-existent. 9. We find that in this regard reference was made by the learned Counsel for the assessee of Hon’ble Delhi High Court judgment in the case of Spice Infotainment Ltd. Vs. CIT (2012) 247 CTR 500 (Del) wherein it has been held as under: - 6. On the aforesaid reasoning and analysis, the Tribunal summed up the position in Para 14 of its order which reads as under: "In the light of the discussions made above, we, therefore, hold that the assessment made by the AO, in substance and effect, is not against the non-existent amalgamating compan…

ACIT, New Delhi vs. M/S Dalmia Cement(Bharat) Ltd., New Delhi

In the result, both the appeal of the assessee and the Revenue are allowed for statistical purposes

ITA 6182/DEL/2016[2012-13]Status: DisposedITAT Delhi16 Nov 2018AY 2012-13

Bench: Shri S.K. Yadav & Shri O.P. Kantasstt. Year: 2012-13

For Appellant: Shri R.M. Mehta, FCAFor Respondent: Ms. Ashima Neb, Sr. DR
Section 35D

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI S.K. YADAV, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER Asstt. Year: 2012-13 Dalmia Cement Ventures Ltd. DCIT (Now merged with Dalmia Circle – 7 (1) Cement (Bharat) Ltd.) New Delhi. Hansalaya, 11th & 12th Floor, Vs. 15, Barakhamba Road, New Delhi – 110 001 PAN AADCA9414C (Appellant) (Respondent) Asstt. Year 2012-13 ACIT Dalmia Cement Ventures Ltd. Central Circle – 26, (Now merged with Dalmia Room No. 323, Vs. Cement (Bharat) Ltd.) 3rd Floor Hansalaya, 11th & 12th Floor, ARA Centre, 15, Barakhamba Road, Jhandewalan Extn. New Delhi – 1…

Dalmia Cement Ventures Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the appeal of the assessee and the Revenue are allowed for statistical purposes

ITA 4954/DEL/2016[2012-13]Status: DisposedITAT Delhi16 Nov 2018AY 2012-13

Bench: Shri S.K. Yadav & Shri O.P. Kantasstt. Year: 2012-13

For Appellant: Shri R.M. Mehta, FCAFor Respondent: Ms. Ashima Neb, Sr. DR
Section 35D

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI S.K. YADAV, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER Asstt. Year: 2012-13 Dalmia Cement Ventures Ltd. DCIT (Now merged with Dalmia Circle – 7 (1) Cement (Bharat) Ltd.) New Delhi. Hansalaya, 11th & 12th Floor, Vs. 15, Barakhamba Road, New Delhi – 110 001 PAN AADCA9414C (Appellant) (Respondent) Asstt. Year 2012-13 ACIT Dalmia Cement Ventures Ltd. Central Circle – 26, (Now merged with Dalmia Room No. 323, Vs. Cement (Bharat) Ltd.) 3rd Floor Hansalaya, 11th & 12th Floor, ARA Centre, 15, Barakhamba Road, Jhandewalan Extn. New Delhi – 1…

M/S. Rudraksha Agencies Co. Ltd., New Delhi vs. Dcot, New Delhi

In the result, the appeal is allowed

ITA 6299/DEL/2016[2012-13]Status: DisposedITAT Delhi25 Oct 2018AY 2012-13

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahuassessment Year: 2012-13

Section 143(3)Section 68

…8.2014. 6 11. The findings of the CIT(A) that the actions of the AO are covered by the provisions of section 292B of the Act do not hold any water as the Hon'ble Jurisdictional High Court of Delhi in the case of M/s Spice Infotainment Ltd Vs. CIT reported in 247 CTR 500 [DEL] has held that: “Once it is found that assessment is framed in the name of nonexisting entity, it does not remain a procedural irregularity of ht nature which could be cured by invoking the provisions of section 292V of the Act.” 12. The Hon'ble High Court further held that the framing of assessment against a non-existing entity/person goes…

Vertex Customer Management India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 966/DEL/2016[2011-12]Status: DisposedITAT Delhi06 Jul 2018AY 2011-12

Bench: Shri R. K. Panda & Shri Kuldip Singhassessment Year : 2011-12 Vertex Customer Management Dcit, Circle- 26(1), India Pvt. Ltd., New Delhi. First Floor, Tower A, First India Place, Vs. Mehrauli – Gurgaon Road, Sushant Lok Phase- I, Gurgaon.

For Respondent: Shri H. K. Choudhary, CIT-DR
Section 143(3)Section 144CSection 292B

…ot entitled to the benefit of provisions of section 292B of the I.T. Act. In coming to the above decision, the Hon’ble Karnataka High Court relied on the decision of the Hon’ble Delhi High Court in the case Spice Entertainment Ltd. vs. CIT reported in (2012) 247 CTR 500. He 4 submitted that following the above decisions of the Bangalore Bench of the Tribunal in the case of BMM Ispat Limited reported in 93 taxmann.com 76 has held that the order of assessment for assessment year 2007-08 dated 28.03.2013 is invalid and accordingly it was cancelled as the same was passed after the appointed date of 01.04.2007 on a…

Shri Ishwarbhai Maganbhai Desai, Ahmedabad vs. The Income Tax Officer, Ward-3, Patan

In the result, appeal of the assessee is allowed

ITA 90/AHD/2017[2008-09]Status: DisposedITAT Ahmedabad12 Apr 2018AY 2008-09

Bench: Shri Rajpal Yadavआयकर अपील सं./ Ita No. 90/Ahd/2017 "नधा"रण वष"/Assessment Year: 2008-09

For Appellant: Shri T.P. Hemani, ARFor Respondent: Shri Prasson Kabra, Sr.DR
Section 142(1)Section 144Section 148Section 158BSection 292BSection 68

…ssed to M/s Sky Light Hospitality Pvt. Ltd., a company which had been dissolved, was an error and technical lapse on the part of the respondent. No prejudice was caused. 18. Petitioner relies on Spice Infotainment Ltd. vs. Commissioner of Service Tax, (2012) 247 CTR 500. Spice Corp. Ltd., the company that had filed the return, had amalgamated with another company. After notice under Section 147/148 of the Act was issued and received in the name of Spice Corp. Ltd., the Assessing Officer was informed about amalgamation but the Assessment Order was passed in the name of the amalgamated company and not in the name…

M/S Basundhara Goods (P) Ltd., New Delhi vs. ITO, WD-5(4), Kolkata

In the result, the appeal of the assessee is allowed

ITA 674/KOL/2016[2008-09]Status: DisposedITAT Kolkata23 Mar 2018AY 2008-09

Bench: Shri P.M. Jagtap, Am & Shri Aby. T. Varkey, Jm] I.T.A. No. 674/Kol/2016 Assessment Year: 2008-09 M/S. Basundhara Goods (P) Ltd.................................…………………………..........Appellant (Formerly Merged With Param Mitra Investments Ltd.)Kolkata 129, Transport Centre, Rohtak Road, Punjabi Bagh, New Delhi – 110 035 [Pan : Aadcb 1931 H] Income Tax Officer Kolkata..…………………………………………………………......Respondent Ward 5(4), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata – 700 069 Appearances By: Shri Ravi Tulsiyan, Fca Appearing On Behalf Of The Assessee. Shri P.K. Srihari, Cit (Dr) Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 16, 2018 Date Of Pronouncing The Order : March 23, 2018 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A) – 6, Kolkata Dated 29.02.2016. 2. The Relevant Facts Of The Case Giving Rise To This Appeal Are That The Assessee Is A Company Which Is Engaged In The Business Of Share Dealing & Investment. The Return Of Income For The Year Under Consideration Was Filed By It On 14.08.2008 Declaring A Total Income Of Rs. 749/-. In The Assessment Originally Completed Under Section 147/143(3) Vide An Order Dated 30.04.2010, The Total Income Of The Assessee Was Determined By The A.O. At Rs. 17,720/-. The Said Assessment Was Subsequently Set Aside By The Ld. Cit Vide An Order

Section 143(3)Section 147Section 263Section 68

…-existent company is invalid and the same is liable to be cancelled. In support of this contention, he relied on the following judicial pronouncements: 1. M/s. Saraswati Industrial Syndicate Ltd. vs CIT 186 ITR 278 (SC). 2. M/s. Spice Infotainment Ltd. vs CIT 247 CTR 500 (Delhi). 3. Principal CIT vs Maruti Suzuki India Ltd. 85 taxmann.com 330 Delhi. 4. M/s. Pampasar Distillery Ltd. vs ACIT 15 SOT 331 (Kolkata). 5. M/s. Pawansut Management Ltd. vs ITO (ITA No. 1524/Kol/2016 dtd. 14.02.2018. 6. ACIT vs M/s. Garuda Imagining & Diagnostics (P) Ltd. (ITA No. 449- 451/Del/2016 dtd. 05.01.2018). 6. The Ld. CIT DR, on t…

Diebold Systems P.Ltd, Mumbai vs. DCIT Cir 12(2)(1), Mumbai

The appeal of the assessee is allowed, as above

ITA 1060/MUM/2017[2009-10]Status: DisposedITAT Mumbai23 Mar 2018AY 2009-10

Bench: Shri G.S. Pannu & Shri Pawan Singh: A.Y : 2009-10

For Appellant: Shri Deepak ChopraFor Respondent: Mrs. Malathi Sridharan/
Section 143(3)Section 195Section 40Section 9(1)(vi)Section 90(2)

…), ITA No.772/Mum/2013 dated 20.12.2017; iii) M/s. Instant Holdings Ltd. vs ACIT, ITA No. 4593/Mum/2011 dated 09.03.2016; iv) M/s. Siemens Technology Services Pvt. Ltd. vs ACIT, ITA No. 6313/Mum/2012 dated 16.11.2016; v) Spice Infotainment Ltd. vs CIT, (2012) 247 CTR 500 (Del HC) confirmed by Hon'ble Supreme Court vide order dated 02.11.2017 in CA No. 285 of 2014; vi) CIT vs Dimension Apparels P. Ltd., 370 ITR 288 (Delhi) confirmed by Hon'ble Supreme Court vide order dated 02.11.2017 in CA No. 285 of 2014; vii) CIT vs Intel Technology India (P) Ltd., 380 ITR 272 (Karn); and, viii) I.K. Agencies (P) Ltd. vs Commis…

M/S Pawansut Management Ltd.(Merged With Tauman Infrastructure Ltd.), Kolkata vs. ITO, Ward 58(4), TDS, Kolkata

In the result the appeal by the assessee is allowed

ITA 1524/KOL/2016[2003-04]Status: DisposedITAT Kolkata14 Feb 2018AY 2003-04

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 1524/Kol/2016 Financial Year : 2003-04

For Appellant: Shri S.K.Tulsiyan, AdvocateFor Respondent: Shri Saurabh Kumar, Addl. CIT,Sr.DR
Section 194CSection 197Section 201Section 201(1)

…the plea of the assessee in this regard : 01. The Hon'ble Supreme Court of India in the case of CIT vs. Spice Infotainment Ltd., Civil Appeal No. 285 of 2014. 02. The Hon'ble Delhi High Court in the case of Spice Infotainment Ltd. vs. CIT reported in (2012) 247 CTR 500 03. The Hon'ble Supreme Court of India in the case of Saraswati Industrial Syndicate Ltd. vs. Commissioner Of Income Tax reported in (1990) 186 ITR 0278 (SC) 04. The Hon'ble IT AT, Kolkata in the case of DCIT vs. Mani Square Ltd., ITA No. 1052-1053/Ko1/2015 5 6 M/s Pawansut Management Ltd.[Merged with Tauman Infrastructure Ltd.] F.Y.2003-04…

DCIT, CC-4(4), Kolkata vs. M/S Mani Square Ltd., Kolkata

In the result, both the appeals of the revenue are dismissed

ITA 1053/KOL/2015[2006-2007]Status: DisposedITAT Kolkata15 Nov 2017AY 2006-2007

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 144Section 147Section 148Section 245C(1)Section 245FSection 292BSection 68Section 69

…d company acquired a new status and it was not possible to treat the two companies as partners or jointly liable in respect of their liabilities and assets. It was also held by the Hon’ble Delhi High Court in the case of Spice Infotainment Ltd. Vs. CIT (2012) 247 CTR 500 (Del) “that no doubt, S was an assessee and an incorporated company and was in existence when it filed the returns in respect of two assessment years in question. However, before the case could be selected for scrutiny and assessment proceedings could be initiated, S got amalgamated with MC Ltd. It was the result of the scheme of the amalgamation…

DCIT, CC-4(4), Kolkata vs. M/S Mani Square Ltd., Kolkata

In the result, both the appeals of the revenue are dismissed

ITA 1052/KOL/2015[2006-2007]Status: DisposedITAT Kolkata15 Nov 2017AY 2006-2007

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 144Section 147Section 148Section 245C(1)Section 245FSection 292BSection 68Section 69

…d company acquired a new status and it was not possible to treat the two companies as partners or jointly liable in respect of their liabilities and assets. It was also held by the Hon’ble Delhi High Court in the case of Spice Infotainment Ltd. Vs. CIT (2012) 247 CTR 500 (Del) “that no doubt, S was an assessee and an incorporated company and was in existence when it filed the returns in respect of two assessment years in question. However, before the case could be selected for scrutiny and assessment proceedings could be initiated, S got amalgamated with MC Ltd. It was the result of the scheme of the amalgamation…