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| The Tax Publishers2020 TaxPub(DT) 2863 (Mum-Trib) : (2021) 186 ITD 0039 INCOME TAX ACT, 1961
Section 143(3)
Assessment-order passed in the name of non-existent entity amalgamating company i.e., through AO being well versed of the fact of amalgamation had no sanctity of law and therefore, same could not be sustained and was quashed.
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Assessment - Validity - Framing of assessment in the name of non-existing amalgamating company -
AO vide Order passed dated 5-1-2015 framed assessment in the name of M/s Satyam Computers Services Ltd. which stood merged with M/s. Tech Mahindra Ltd. with effect from 1-4-2011. Held: On a perusal of the assessment order. It could be safely concluded that though AO while framing assessment was well informed about the fact that M/s. Satyam Computers Services Limited with effect from 1-4-2011 having merged with M/s. Tech Mahindra Ltd. was thus no more in existence, however, AO vide his order passed under section 143(3) read with section 153 read with section 144C(4), chose to frame assessment in the hands of the said non-existent entity. Even PAN Number stated in the assessment order, ie., 'AACCS 8639Q' was of the said amalgamating company, i.e., M/s. Satyam Computers Services Ltd. In sum and substance, assessment order passed in the name of a non-existent entity had no sanctity of law and therefore, same could not be sustianed and was quashed.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2010-11
IN THE ITAT, MUMBAI BENCH
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