HCP Petrochem Pvt. Ltd, Through I.P. India Pvt. Ltd. (Now known as Adhunik Technology Pvt. Ltd.), New Delhi V. ACIT, New Delhi

ITA 2307/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5126 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 22-05-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 28-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• Keywords: Opportunity of being heard; Scheme of amalgamation
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC: NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.2307/DEL./2016 ASSESSMENT YEAR 2007-2008 HCP PETROCHEM P. LTD., THROUGH I.P. INDIA P. LTD., NOW KNOWN AS ADHUNIK TECHNOLOGY P. LTD., C/O. KAPIL GOEL, ADVOCATE, F-26/124, SECTOR-7, ROHINI, DELHI 110 085. PAN AABCH1353F VS. THE ACIT, CIRCLE-18, NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI KAPIL GOEL & SHRI MUKUL GUPTA, ADVOCATE FOR REVENUE : SHRI T. VASANTHAN, SR. D.R. DATE OF HEARING : 09.08.2017 DATE OF PRONOUNCEMENT : 09.08.2017 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(A)-27, NEW DELHI, DATED 12 TH FEBRUARY, 2016 FOR THE A.Y. 2007-08. EARLIER APPEAL OF ASSESSEE WAS DISMIS SED FOR NON- PROSECUTION. HOWEVER, BY ALLOWING M.A. OF THE ASSESSE E, THE APPEAL OF WAS FIXED FOR HEARING ON MERIT. 2. BRIEFLY, THE FACTS OF THE CASE ARE THAT A.O. PASSED THE ORDER IN THE NAME OF ASSESSEE-COMPANY M/S. HCP PETROCHEM P VT. LTD., (MERGED WITH I.P. INDIA LTD.,) NOW KNOWN AS M/S. ADHU NIK TECHNOLOGY PVT. LTD.,) AND PASSED EX-PARTE ASSESSMENT ORDER UNDER SECTION 144 OF THE I.T. ACT DATED 25 TH FEBRUARY, 2015 AND ASSESSED THE INCOME OF ASSESSEE AT RS.25,66,290. ASSESSEE RAISED SEVERAL GR OUNDS OF APPEALS BEFORE LD. CIT(A) ON MERIT AS WELL AS RAISED THE LEGA L ISSUE REGARDING 2 ITA.NO.2307/DEL./2016 HCP PETROCHEM P. LTD., THROUGH I.P. INDIA P. LTD., NOW KNOWN AS ADHUNIK TECHNOLOGY P. LTD., MERGER OF THE ASSESSEE-COMPANY AS PER JUDGMENT OF THE HIGH COURT WHEREBY THE IMPUGNED ASSESSMENT ORDER HAS BECOME IN VALID AND NULLITY. THE LD. CIT(A) INSTEAD OF CONSIDERING ALL T HE GROUNDS OF APPEAL TOGETHER IN A BRIEF ORDER DISMISSED THE APPEAL OF THE A SSESSEE. THE LD. CIT(A) DID NOT DECIDE ALL THE GROUNDS OF APPEALS OF TH E ASSESSEE INCLUDING THE LEGAL ISSUE RAISED ABOVE AS THE VALIDIT Y OF THE ASSESSMENT IN THE MATTER. 3. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRED TO JUDGMENT OF THE HONBLE DELHI HIGH COURT IN COMPANY PETITION NO. 317 OF 2013 WHEREBY THE HONBLE HIGH COURT PASSED JUDGMENT ON 10 TH OCTOBER, 2013 SANCTIONING OF THE SCHEME OF AMALGAMATION OF THE A SSESSEE W.E.F. 01.04.2012. HE HAS THEREFORE, SUBMITTED THAT NO ASSESSM ENT ORDER CAN BE PASSED IN THE NAME OF THE ASSESSEE. HE HAS SUB MITTED THAT THIS POINT HAS NOT BEEN DECIDED BY THE LD. CIT(A) WHICH GOE S TO THE ROUTE OF THE MATTER. 4. LD. D.R. SUBMITTED THAT THE MATTER MAY BE REMITTED TO TH E FILE OF THE LD. CIT(A) FOR DECISION AFRESH. 5. CONSIDERING THE RIVAL SUBMISSIONS IN THE LIGHT OF MATERIAL ON RECORD, I AM OF THE VIEW THAT THE MATTER REQUIRES REC ONSIDERATION AT THE LEVEL OF THE LD. CIT(A). THE LD. CIT(A) REPRODUCE D ALL THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE IN THE IMPUGNED ORDER I NCLUDING THE CHALLENGE TO THE LEGALITY OF THE ASSESSMENT ORDER PASSE D BY THE A.O. THE LD. CIT(A) HOWEVER, DID NOT DECIDE THE LEGAL ISSU E AND EVEN ON MERIT PASSED VERY BRIEF ORDER WITHOUT DISCUSSING EVID ENCE AND REASONS FOR DECISION FOR THE SAME. THE ASSESSEE WAS EX-PART E BEFORE A.O. AND AS SUCH, THE LEGAL ISSUE COULD NOT BE TAKEN-UP BY THE ASSESSEE AT THIS STAGE. I, ACCORDINGLY, SET ASIDE THE IMPUGNED ORDER AN D RESTORE THE APPEAL OF ASSESSEE TO THE FILE OF THE LD. CIT(A) WITH A DIRECTION TO RE- DECIDE THE APPEAL OF ASSESSEE AFRESH, BY GIVING A RE ASONABLE, SUFFICIENT 3 ITA.NO.2307/DEL./2016 HCP PETROCHEM P. LTD., THROUGH I.P. INDIA P. LTD., NOW KNOWN AS ADHUNIK TECHNOLOGY P. LTD., OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THE LD. CI T(A) IS DIRECTED TO DECIDE ALL THE GROUNDS OF THE APPEAL OF ASSESSEE IN CLUDING LEGAL ISSUE IN ACCORDANCE WITH LAW, BY GIVING REASONS FOR DECISION IN THE APPELLATE ORDER. 6. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DELHI, DATED 09 TH AUGUST, 2017 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH 6. GUARD FILE // BY ORDER // ASST. REGISTRAR ITAT : DELHI BENCHES : DELHI.