Pr. Commissioner Of Income Tax Delhi –I v. Advance India Projects Ltd (In The Matter Ofamalgamated Co

$~7 *IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 372/2016 PR. COMMISSIONER OF INCOME TAX DELHI –I ..... AppellantThrough: Mr. P. Roychaudhury, Adv. versus ADVANCE INDIA PROJECTS LTD (IN THE MATTER OFAMALGAMATED CO...... RespondentThrough: Mr. Salil Aggarwal and Mr. Ravi PratapMau, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE NAJMI WAZIRIO R D E R % 10.02.2017 The Revenue is aggrieved by the order of the ITAT whichallowed the assessee’s appeal on two grounds: (i) that the re-assessment notice was served upon a company which had ceased tobe in existence; (ii) that before framing of re-assessment, no noticehad been issued under Section 143(2) of the Income Tax Act, 1961. The facts necessary for the purposes of this case are that theassessee at the relevant point of time was M/s Maggpie Projects Ltd.Concededly that assessee was amalgamated with the appellant, in thiscase i.e. M/s Advance India Projects Ltd. (in short the transfereecompany).For Assessment Year (AY) 2005-06, the concernedAssessing Officer (AO) issued a notice on 30.03.2012, to the originalassessee.Just a day before that i.e. on 29.03.2012 this Court hadapproved an amalgamation scheme whereby the original assesseeITA 372/2016Page 1 of 2 merged and amalgamated with the transferee company. The AOnevertheless proceeded to frame assessment under Section 147/148 ofthe Income Tax, 1961. The assessee, which was unsuccessful beforethe Appellate Commissioner, urged that the notice of the re-assessment was invalid because it was drawn on a non-existent entityand also that in the absence of a notice under Section 143(2) theassessment could not have been validly framed. Even if this Court is to assume that the re-assessment noticewere valid as is urged by the Revenue, nevertheless on the secondground the ITAT’s order does not call for interference relying uponthe judgment of this Court in Alpine Electronic Asia Pte. Ltd. vs DIT(2012)- 18 Taxman.com 246 (Del). In these circumstances, no question of law arises. The appealis, accordingly, dismissed. S. RAVINDRA BHAT, J FEBRUARY 10, 2017/kk NAJMI WAZIRI, J