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2015 (3) TMI 1208 - AT - Income TaxValidity of assessment against non existent entity - Held that:- The assessee, viz Eicher International Limited was incorporated under the Companies Act, 1956 on 09.03.1994. vide scheme of amalgamation u/s 391 to 394 of the Companies Act, 1956, the assessee merged with Eicher Goodearth Ltd. vide order of the Delhi High Court, dated 06.07.2006, with effect from the appointed date viz 1st April, 2005. And in terms of the said order, a certified copy of the order of the Hon’ble Delhi High Court was filed with the Registrar of Companies on 08.08.2006. the copy of the order of the Delhi High Court was accordingly taken on record by the Registrar of Companies. In the aforesaid scenario the assessee was not an existing legal entity w.e.f 1st April 2005 when the assessment order was passed by the AO on 31.10.2006, so the assessment order is a nullity in the eyes of law and so is void. Therefore we quash the impugned order passed by the AO on 31.102006 and so the additional ground allowed in favour of assessee. 10. Since we have quashed the assessment proceedings we are not inclined to adjudicate other grounds raised by the assessee and the revenue being academic.
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