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| The Tax Publishers2020 TaxPub(DT) 3507 (Mum-Trib) INCOME TAX ACT, 1961
Section 143(3) read with Section 254
Where assessee contended that assessment under section 254 read with section 143(3) in name of ' Varian India (P) Ltd.-India Branch was invalid on grounds that branch was closed, contention of assessee was untenable because AO made assessment in name of aforesaid entity and in Form 35 filed before CIT(A) along with grounds of appeal along with statements of facts, assessee clearly stated name of that entity.
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Assessment - Validity of assessment order passed in name of non-existent company, which was merged with another company - Fact of merger not mentioned in ground of appeal filed before CIT(A) -
Assessee was aggrieved by order passed by AO under section 143(3) read with section 254 in name of an entity (Varian India (P) Ltd. India Branch), not in existence on date of passing order. Case of assessee was that said branch was closed subsequent to purchase of its assets and liabilities by Agilent Technologies India Private Limited. Held: AO made assessment under section 143(3) in the name of 'M/s. Varian India (P) Ltd.-India Branch'. In Form 35 filed before CIT(A), assessee clearly stated name of aforesaid entity and in grounds of appeal and statement of facts filed before CIT(A), assessee clearly stated name of that entity as well. Therefore, there was no merit in ground of appeal and same was dismissed.
REFERRED :
FAVOUR : Against the assessee
A.Y. : 2007-08
INCOME TAX ACT, 1961
Section 92C
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