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| The Tax Publishers2020 TaxPub(DT) 3022 (Del-Trib) INCOME TAX ACT, 1961
Section 143(3)(i)
Since amalgamating company, i.e., Genpact India was not in existence at the time of conducting assessment proceeidngs as well as on the date of passing of assessment order, assessment framed in the name of non-existing entity was null and void.
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Assessment - Validity - Order passed in the name of non-existent entity -
Erstwhile entity Genpact India Private Limited was amalgamated with Genpact India as a result of scheme of amalgamation duly approved by High Court passed assessment order by mentioning in title of order the name of assessee as Genpact India (now merged with Genpact India Private Limited PAN: AABCE4461B).Held: As evident from perusal of assessment order, AO was very much aware that the amalgamating company Genpact India was no longer in existence. Also, copies of Amalgamation Order as sanctioned by High court of Delhi and Telangana and Andhra Pradesh along with copies of PAN of Genpact India and detail of the jurisdictional AO's were already placed by assessee before revenue authorities. Since amalgamating company, i.e., Genpact India was not in existence at the time of conducting assessment proceedings as well as on the date of passing of assessment Order, assessment framed in the name of non-existing entity was void-ab-initio and it did not remain a procedural irregulatity of the nature which could be cured by invoking section 292B.
Relied:Pr. CIT v. Maruti Suzuki India Limited (2017) 397 ITR 681 (Del) : 2017 TaxPub(DT) 4371 (Del-HC) and Pr. CIT v. Maruti Suzuki India Limited [SLP(C) Diary No. 14106 of 2018] : 2018 TaxPub(DT) 5061 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE ITAT, DELHI 'C' BENCH
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