2018 (1) TMI 1438 - HC - Income Tax

Validity of assessment order in the name of the amalgamating company - assessment framed in the name of the non-existent company - procedural defect - successor-in-interest - Held that - Tribunal had ruled that the assessment made in the name of Suzuki Power Train India Limited was a nullity since the entity was no longer in existence and was subjected to an approved scheme for amalgamation; the transferee company was amalgamated with Maruti Suzuki India Limited. This Court notices that for A.Y. 2011-12 on the same facts the assessment was held to be invalid a decision that was ultimately upheld by this Court in the Pr. Commissioner of Income Tax-6 New Delhi vs. Maruti Suzuki India Limited (Successor of Suzuki Powertrain India Limited - 2017 (9) TMI 387 - DELHI HIGH COURT.

Summary

The High Court dismissed the Revenue's appeal challenging the ITAT's order, which declared the assessment made in the name of Suzuki Power Train India Limited as a nullity due to amalgamation with Maruti Suzuki India Limited. The Court cited a previous decision where a similar assessment was held invalid, leading to the dismissal of the current appeal.