The Tax Publishers2020 TaxPub(DT) 2505 (Mum-Trib)

APPELLATE TRIBUNAL RULES, 1963

Section 143(3)

Once a company ceased to exist in the eyes of law and PAN number of said company ceased to be valid, the entity did not exist in the eyes of law and no assessment could be framed in name of that company on such PAN number.

Assessment - Validity - Assessment in the name of a non-existent amalgamating company and undr a non existent PAN -

Assessee-company got merged in a different company, and was renamed as Diversey India Hygiene Pvt. Ltd, and yet AO proceeded to frame assessment in the name of company which no more existed, quoting PAN number which ceased to be valid.Held: Once a company ceases to exist in the eyes of law and PAN number of said company ceases to be valid the entity did not exist in the eyes of law and no assessment could be framed in name of that company on such PAN number.

Followed:Pr.CIT v. Maruti Suzuki India Ltd. (2019) 416 ITR 613 (SC) : 2019 TaxPub(DT) 4931 (SC) and Snowhill Agencies (P) Ltd. v. Pr.CIT ITA No. 1775/Ahd/2019, Order dt. 21-1-2020 : 2020 TaxPub(DT0 632 (Ahd-Trib).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2015-16

APPELLATE TRIBUNAL RULES, `1963

Rule 34(5)

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT