The Tax Publishers2020 TaxPub(DT) 5555 (Kol-Trib)

INCOME TAX ACT, 1961

Section 143(3) Section 153A

Assessment order issued in the name of non-existent entity which had since stood merged/amalgamated/dissolved was void ab initio.

Assessment - Validity - Framing of assessment in name of non-existent entity -

AO framed assessment under section 143(3)/153A in the name of M/s. IQ City Infrastructure (P) Ltd. which had already merged/amalgamated into M/s. Mani Square (P) Ltd.Held: Assessment order issued in the name of non-existent entity which had since stood merged/amalgamated/dissolved was void ab initio and, therefore, quashed.

REFERRED : M/s. Saraswati Industrial Syndicate v. CIT (1990) 186 ITR 278 (SC) : 1990 TaxPub(DT) 1328 (SC) and M/s. Spice Infotainment Ltd. v. CIT (2012) 247 CTR 500 (Del) : 2012 TaxPub(DT) 1030 (Del-HC).

FAVOUR : In assessee's favour.

A.Y. : 2011-12 to 2013-14



IN THE ITAT, KOLKATA BENCH

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com