D.C.I.T., Circle - 1, Kolkata, Kolkata V. M/s Gestetner (India) Ltd. (Since merged with Richo India Ltd.), Kolkata

MA 225/KOL/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6276 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-03-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 1999-2000
• Appeal Filed On: 18-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 MA NO.224 & 225/KOL/2017 GESTETNER (INDIA) LTD. (SINCE MERGED WITH RICHO IND IA LTD..,) AY- 1999-2000 , A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA ( ) BEFORE . . , /AND . , ) [BEFORE SHRI A. T. VARKEY, JM & SHRI M.BALAGANESH, AM] MA NOS. 224 & 225/KOL/2017 IN I.T.A. NOS. 619 & 981/KOL/2013 ASSESSMENT YEAR: 1999-2000 DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, KOLKATA. VS. GESTETNER (INDIA) LTD. (SINE MERGED WITH RICHO INDIA LTD. (PAN:AABCG1103A) APPLICANT RESPONDENT DATE OF HEARING 09.03.2018 DATE OF PRONOUNCEMENT 09.03.2018 FOR THE APPLICANT SHRI ARINDAM BHATTACHARYA, ADDL. CIT FOR THE RESPONDENT SHRI AMIT PATRA, FCA ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPLICATION PREFERRED BY THE REVENUE AGA INST THE ORDER OF THE TRIBUNAL DATED 16.08.2017 FOR AY 1999-2000. 2. THE MAIN GRIEVANCE OF THE REVENUE IS THAT WHI LE DISPOSING OF THE ITA NO. 619 & 981/KOL/2013 FOR AY 1999-2000 THE TRIBUNAL FOLLOWED THE ORDER OF THE COORDINATE BENCH OF THIS TRIBUNAL FOR AYS. 2003-04 AND 2004-05. HOW EVER, ACCORDING TO REVENUE, THE TRIBUNAL HAS NOT TAKEN INTO ACCOUNT THE FACT THAT T HE ASSESSEE THOUGH AMALGAMATED WITH RICHO INDIA LTD. W.E.F. 01.04.2004 BY THE ORDER OF THE HONBLE CALCUTTA HIGH COURT DATED 22.06.2005 (WE NOTE THAT THE AO HAS ERRONEOUSLY NOT ED THE DATE OF AMALGAMATION AS W.E.F. 01.04.2005), HAS PREFERRED AN APPEAL BEFORE THE LD. CIT(A) IN THE NAME OF GESTETNER (INDIA) LTD. WHICH IF IT IS A NON-EXISTENT COMPANY CANNOT HAVE FILED THE APPEAL WHICH FACT ACCORDING TO REVENUE HAS ESCAPED THE NOTICE OF THE TRIBUNAL WHILE DISPOSING OF THE APPEAL IN FAVOUR OF THE ASSESSEE. WE NOTE THAT FOR AY 200 3-04 THE ASSESSMENT ORDER OF THE AO IN QUESTION WAS PASSED ON 15.03.2016 AND FOR AY 2004-0 5 ON 18.12.2006. THEREFORE, ASSESSMENT ORDER PASSED IN THE NAME OF GESTETNER (I NDIA) LTD. WHICH GOT AMALGAMATED W.E.F. 01.04.2004 IS NULL AND VOID IN THE EYES OF L AW. WE NOTE ALSO THAT FROM THE PERUSAL OF 2 MA NO.224 & 225/KOL/2017 GESTETNER (INDIA) LTD. (SINCE MERGED WITH RICHO IND IA LTD..,) AY- 1999-2000 FORM 35 I.E. APPEAL PREFERRED BEFORE THE LD. CIT(A) , GESTETNER (INDIA) LTD. HAS FILED AN APPEAL WHEREIN IT HAS BEEN CLEARLY MENTIONED AS UND ER: GESTETNER (INDIA) LIMITED (SINCE MERGED WITH RICO H INDIA LTD.) 3. SO, IT WAS GESTETNER INDIA LTD. (SINCE MERGED W ITH THE RICHO INDIA LTD.) WAS THE APPELLANT BEFORE THE LD. CIT(A) IN THE ASSESSMENT Y EAR UNDER CONSIDERATION. WE ALSO TAKE NOTE THAT THE APPEAL HAS BEEN FILED UNDER THE SIGNA TURE OF RICHO INDIA LTD. AND THE APPEAL BEFORE THE TRIBUNAL HAS ALSO BEEN FILED IN THE SAME MANNER, THEREFORE, WE DO NOT FIND ANY MERIT IN THE CONTENTION OF THE REVENUE IN THIS REGA RD. WE ALSO NOTE THAT FOR THE ASSESSMENT YEAR UNDER CONSIDERATION I.E. AY 1999-2000 THE AO P ASSED AN ORDER DATED 31.12.2008 WHICH IS ALSO UNDISPUTEDLY AFTER THE AMALGAMATION OF GESTETNER WITH RICHO I.E. W.E.F. 01.04.2004. THEREFORE, THE SAID ORDER ALSO IS NULL AND VOID IN THE EYES OF LAW, THEREFORE, WE DO NOT FIND ANY MERIT IN THE MISC. APPLICATIONS FIL ED BY THE REVENUE AND, THEREFORE IT STAND DISMISSED. 4. IN THE RESULT, BOTH THE MISC. APPLICATIONS OF RE VENUE STAND DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (M. BALAGANESH) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 9 TH MARCH, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT GESTETNER (INDIA) LTD. (SINCE MERGED WITH RICOH INDIA LTD.) BLOCK GP, SECTOR-V, SALT LAKE ELECTRONIC COMPLEX, K OLKATA-700 091. 2 RESPONDENT DCIT, CIRCLE-1, KOLKATA. 3. THE CIT(A) KOLKATA 4. 5. CIT KOLKATA DR, ITAT, KOLKATA. / TRUE COPY, BY ORDER, SR. PVT. SECRETARY