Case Law Details
Satyam Computer Services limited Vs DCIT (ITAT Mumbai)
Admittedly, the Tribunal viz. ITAT “E” Bench, Mumbai, while disposing off the assessee‟s appeal against the order passed by the CIT u/s 263 of the Act, dated 24.10.2017, had vide its order passed in ITA No. 7249/Mum/2017, dated 11.10.2019 for the year under consideration i.e A.Y 2011-12, had held, that as the assessment order was passed by the A.O u/s 143(3) r.w.s 144C(3), dated 25.05.2015 in the hands of M/s Satyam Computers Services ltd., i.e an entity that was non-existent on the date on which the assessment order was passed, the same would thus be non-est in the eyes of law.
In our considered view, as the assessment order passed by the A.O u/s 143(3) r.w.s 144C(3), dated 25.05.2015 for the year under consideration i.e A.Y 2011-12 in the hands of M/s Satyam Computers Services Ltd., i.e an entity that was non-existent on the date on which the assessment order was passed, had been held by the Tribunal in its aforesaid order as non-est in the eyes of law, therefore, the same does not survive and on the same terms is quashed.
FULL TEXT OF THE ITAT JUDGEMENT
The captioned cross-appeals filed by the assessee and the revenue are directed against the respective orders passed by the CIT(Appeals)- 58, Mumbai, dated 29.08.2016 and CIT(Appeals)-55, Mumbai, dated 23.03.2017, for A.Y 2010-11 and A.Y 2011-12, respectively, which in turn arises from the respective assessment orders passed by the A.O u/s 143(3) r.w.s 153 r.w.s. 144C(4) of the Act, dated 05.01.2015 AND u/s 143(3) r.w.s 144C(13) of the Act, dated 25.05.2015. As the issues involved in the captioned appeals are inextricably interlinked or in fact interwoven, therefore, the same are being disposed off by way of a common order. We shall first advert to the cross-appeals for A.Y 2010-11. The assessee has assailed the impugned order on the following grounds of appeal before us:
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