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JUDGMENT S. Ravindra Bhat, J. - The Appellants (hereafter, "the Revenue") challenge an order dated 21.06.2013 of the Income Tax Appellate Tribunal ("ITAT") -Delhi (Branch B) in ITA Nos. 571/DEL/2012; 572/DEL/2012; 573/DEL/2012, 574/DEL/2012 and 576/DEL/2012. The ITAT quashed the assessment order against the respondent (hereafter "the Assessee") framed under Sections 143(3), 153A and 153C of the Income Tax Act, 1961 (hereafter "the Act"). 2. The Assessment Order was made on 31.12.2010, and covered the assessment years 2003-04 to 2008-09. The assessee had contended that it had ceased to exist from 7.12.2009, because, by virtue of an order of this Court - it had been amalgamated with another company under Sections 391(2) and 394 of the Companies Act. Aggrieved by the Assessment Order, the assessee appealed to the CIT(A). It argued that the assessment order was invalid, because on the date on which it was passed, the Assessee had already ceased to exist (having been amalgamated). The CIT(A) agreed with this contention and held that: "In my considered opinion, a Company, incorporated under the Indian companies Act is a Juridical person. It take its birth and gets life with incorporation. It dies with the dissolution, as per the provision of the companies Act. It is trite law that the amalgamating company ceases to exist in the eyes of law. Having regard to this consequence provided in law, assessment upon a dissolved company is impermissible as there is no provision in income tax to make an assessment thereupon. Therefore, I agree with the appellant that assessment on a company, which has been dissolved/amalgamated under section 391 and 394 of the Companies Act, 1956, is invalid. There is no provision in the IT Act, to make assessment on an amalgamating company (transferor/dissolved company), even though the appellant company participated in assessment proceedings." 3. The revenue, being aggrieved by the CIT(A)'s decision appealed to the ITAT. The said order was, however, upheld on appeal by the ITAT. 4. The revenue, in its appeal argues, first of all that by virtue of Sections 170(1) and 170(2) of the Income Tax Act, in cases of succession of business, where the…

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