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| The Tax Publishers2020 TaxPub(DT) 3613 (Mum-Trib) INCOME TAX ACT, 1961
Section 143(3)
Assessment framed in the name of non-existent entity despite having due intimation of the fact of merger duly approved by High Court was invalid.
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Assessment - Validity - Order framed in name of non-existent entity -
AO even after DRP taking into account the fact of merger and passing order by giving directions to AO in the name of the merged entity, i.e., Atos India Pvt. Ltd., framed final assessment order in the name of erstwhile amalgamating company. Held: It could be safely concluded that AO passed draft assessment order as well as final assessment order in the name of non-existent entity despite having due intimation of the fact of merger duly approved by High Court. Such assessment framed on non-existent entity was quashed as void ab initio.
Followed:PCIT v. Maruthi Suzuki India Ltd., (2019) 416 ITR 613 (SC) : 2019 TaxPub(DT) 4931 (SC)
REFERRED :
FAVOUR : in assessee's favour
A.Y. : 2012-13
IN THE ITAT, MUMBAI BENCH
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