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The Tax Publishers2019 TaxPub(DT) 6792 (Mum-Trib) INCOME TAX ACT, 1961
Section 143(3)
Assessment orders framed after amalgamation in the name of non-existent company was bad in law and was, therefore, set aside.
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Assessment - Validity - Order passed after amalgamation in the name of non-existent company - AO being aware of the fact of amalgamation
AO framed assessment for the concerned assessment year 1999-2000 in the name of M/s. Sabras Investment and Trading Company Ltd. despite being very much aware of the fact that said company has merged with Tata Chemicals Ltd. with effect from 1-4-2000. Held: Assessment orders framed after amalgamation in the name of non-existent company was bad in law and was, therefore, set aside.
Followed:Pr. CIT v. Maruti Suzuki India Ltd. (SC) in Civil Appeal No. 5409 of 2019 vide order dt. 25-7-2019] : 2019 TaxPub(DT) 4931 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 1996-97 to 1999-2000
INCOME TAX ACT, 1961
Section 120(4)(b) Section 143(3) Section 2(7A)
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