Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (12) TMI 997 - ITAT DELHIValidity of assessment against non existent entity - Held that:- As on the date of draft assessment order dated 21.12.2011 and assessment order dated 25.10.2012 passed in JCBML merged with JCBIL, the taxpayer in this case, was not in existence and drew our attention to assessment order dated 25.10.2012 for AY 2008-09 in case of JCBMPL merged with JCBIL w.e.f. 01.04.2009 pursuant to the scheme of amalgamation as approved by Hon’ble High Court of Bombay vide its order dated 05.02.2010 and vide orders dated 05.02.2010, 26.02.2010 and 26.02.2010 passed by Hon’ble High Court of Delhi. This fact has been duly recorded by ld. DRP in its order dated 21.09.2012, available at page 52 of the paper book. So, on the date of completion of assessment, in case JCBMPL merged with JCBIL w.e.f. 01.04.2009, it was not in existence and was a non-entity. So, we are of the considered view that assessment order itself is a nullity and is not sustainable in the eyes of law.
|