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2022 (2) TMI 1377 - AT - Income TaxValidity of assessment u/s.143(3) r.w.s. 144C against non-existent company - HELD THAT:- We noted that in the case of M/s. Maruti Suzuki Ltd. [2019 (7) TMI 1449 - SUPREME COURT] as noted the fact that the draft assessment order and the final assessment order contained the name of both amalgamated and amalgamating companies but despite the fact both name existed, the Hon’ble Supreme Court held that the assessment framed is on non-existent company and in view of the above fact that the assessment is framed on a non-existent company - Even the provisions of section 292B of the Act does not help the Revenue as it is not a curable defect. Thus issue is squarely covered by the decision of Hon’ble Supreme Court in the case of M/s. Maruti Suzuki Ltd., supra, we quash the assessment and allow the appeal of assessee.
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