- (1.) The appeal is directed against a judgment and order dated May 31, 2007, passed by the learned Income Tax (Appellate Tribunal, "D" Bench, Kolkata, in ITA No.1116/Kol/2006, pertaining to the assessment year 2002 - 03, by which an appeal preferred by the revenue was dismissed. The aggrieved revenue has come up in appeal.
(2.) The facts and circumstances of the case, briefly stated, are as follows.
(3.) Shaw Wallace Distilleries Ltd. filed their return of income on October 31, 2002 declaring total income at Rs.7,17,54,000/ -. Notice under section 142(1) was duly served. The General Manager(Finance) and other officers of the assessee duly appeared. The case was discussed and thereafter the assessment was completed under section 143(3) on March 31, 2005. The assessing officer made additions and also initiated proceedings under section 271. In an appeal preferred by the assessee, though the order of assessment was challenged on various grounds, the attack was restricted to the point as to whether the assessment order was a nullity. The contention of the assessee was that the assessment order passed on March 31, 2005 was a nullity because the assessee had merged with Maharashtra Distilleries Ltd. pursuant to an order passed by the High Court at Mumbai on March 2, 2003. The question was whether the assessment order passed on March 31, 2005 was a nullity. This question has been answered against the revenue both by the CIT (Appeal) and the learned Tribunal. The revenue has come up in appeal.;