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| The Tax Publishers2020 TaxPub(DT) 3326 (Mum-Trib) : (2020) 083 ITR (Trib) 0131 INCOME TAX ACT, 1961
Section 143(3)
Neither issuance of notice under section 143(2) to the amalgamating company, i.e., a non-existent entity; despite AO being informed of the fact that amalgamating company had ceased to exist as a result of approved scheme of amalgamation; be construed as notice issued to amalgamated company, nor could the same be validated by bringing it within realm of a procedural irregularity within meaning of section 292B, therefore, assessment framed in the name of amalgamating company was quashed as void ab initio.
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Assessment - Validity - Issuance of section 143(2) notice in name of non-existent entity -
Assessee challenged validity of assessment framed by AO on the ground of erstwhile amalgamating company having merged with assessee, i.e., amalgamated company. Held: Neither issuance of notice under section 143(2) to the amalgamating company, i.e., a non-existent entity; despite AO being informed of the fact that amalgamating company had ceased to exist as a result of approved scheme of amalgamation; be construed as notice issued to amalgamated company, nor could the same be validated by bringing it within realm of a procedural irregularity within meaning of section 292B. Accordingly, assessment framed was void ab initio.
Relied on:Pr. CIT v. Maruti Suzuki India Ltd. (2019) 416 ITR 613 (SC) : 2019 TaxPub(DT) 4931 (SC) CIT v. M/s. Spice Enfotainment Ltd. [Civil Appeal No. 285 of 2014, 286 of 2014, dt. 2-11-2017].
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