Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad V. Ramboll India Private Limited, Hyderabad

ITA 380/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1900 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 05-04-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 26-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR PANDEY
• Assessee Lawyers: M SRINIVASULU
• Section: 143(3); 13; 148

Judgement Text

ITA NO 380 OF 2018 RAMBOLL INDIA P LTD HYDERABAD PAGE 1 OF 13 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO.380/HYD/2018 ASSESSMENT YEAR: 2011-12 DY. C OMMISSIONER OF INCOME TAX, CIRCLE 3(1) HYDERABAD VS. M/S. RAMBOLL INDIA (P) LTD HYDERABAD PAN:AABCI7215D (APPELLANT) (RESPONDENT) REVENUE BY: SRI SUNIL KUMAR PANDEY, DR ASSESSEE BY : SRI M. SRINIVASULU DATE OF HEARING: 05/04/2021 DATE OF PRONOUNCEMENT: 01/07/2021 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y 2011-12 AGAINS T THE ORDER OF THE CIT (A)-3, HYDERABAD, DATED 12.12. 2017. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE, M /S. RAMBOLL INDIA (P) LTD IS THE AMALGAMATED COMPANY, W HILE M/S. RAMBOLL ENGINEERING CONSULTANCY SERVICES PVT. LTD ( RECSI) IS THE AMALGAMATING COMPANY. THE AMALGAMATING COMPANY FILE D ITS RETURN OF INCOME FOR THE A.Y 2011-12 DECLARING A TO TAL INCOME OF RS.2,37,02,670/- ON 19.11.2011 I.E., PRIOR TO AMALG AMATION. THEREAFTER, IT GOT AMALGAMATED WITH RAMBOLL INDIA ( P) LTD BY VIRTUE OF ORDERS DATED 24.7.2012 OF THE HON'BLE HIG H COURT OF ANDHRA PRADESH. THE APPOINTED DATE OF AMALGAMATION WAS 1.10.2011. THE FACT OF THE MERGER OF THE TWO COMPAN IES WAS ITA NO 380 OF 2018 RAMBOLL INDIA P LTD HYDERABAD PAGE 2 OF 13 INTIMATED TO THE ASSESSING OFFICER VIDE ASSESSEES LETTER DATED 20.12.2012. 3. MEANWHILE, THE AMALGAMATED COMPANY I.E., ASSESSE E HEREIN, RAMBOLL INDIA PVT. LTD ALSO FILED ITS RETUR N OF INCOME ON 29.11.2011 DECLARING A TOTAL INCOME OF RS.14,76,65, 981/-. THE ASSESSING OFFICER OF THE AMALGAMATING COMPANY I.E. (RECSI) PASSED THE ASSESSMENT ORDER IN THE NAME OF (RECSI) ONLY U/S 143(3) OF THE ACT ON 18.3.2014 DETERMINING THE TOTA L INCOME OF SUCH COMPANY AT RS.5,83,23,928/- AGAINST WHICH THE AMALGAMATED COMPANY I.E., THE ASSESSEE HEREIN, PREF ERRED AN APPEAL BEFORE THE CIT (A). THE CIT (A) ALLOWED THE APPEAL OF THE ASSESSEE BY HOLDING THAT THE ASSESSMENT MADE IN THE NAME OF AN AMALGAMATING COMPANY AFTER THE DATE OF AMALGAMATION , IS NULL AND VOID AND FURTHER OBSERVED THAT THE ASSESSING OF FICER IS AT LIBERTY TO TAKE FURTHER APPROPRIATE ACTION AS PER L AW IN THE CASE OF AMALGAMATED COMPANY. 4. THEREAFTER, THE ASSESSING OFFICER ISSUED NOTICE U/S 148 OF THE ACT DATED 20.11.2015 TO THE ASSESSEE, RAMBOL L INDIA (P) LTD I.E., THE AMALGAMATED COMPANY. THE ASSESSEE RAISED ITS OBJECTIONS TO THE REOPENING OF THE ASSESSMENT BEFORE THE ASSES SING OFFICER. 5. THE ASSESSING OFFICER, HOWEVER, REJECTED THE ASS ESSEES OBJECTIONS BY HOLDING AS UNDER: (I) AS REGARDS THE FIRST OBJECTION, THE ASSESSING O FFICER HELD THAT THERE WAS NO ASSESSMENT ORDER PASSED IN T HE CASE OF THE AMALGAMATED COMPANY I.E., THE ASSESSEE, M/S. RAMBOLL INDIA (P) LTD (U/S 143(3) OF THE ACT) AND