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2023 (5) TMI 1326 - ITAT MUMBAIRectification proceeding’s and orders passed on a non-existent entity - HELD THAT:- Admittedly, in this case, the order u/s 154 of the Act was passed on United Western Bank Ltd. which merged with the IDBI Bank Ltd. The information of the merger was intimated to the Revenue on 5th August, 2015. There was also a specific request made by the assessee to the Income Tax Officer, Satara to transfer the PAN of United Western Bank Ltd. to LTU, Mumbai. The internal correspondence of the Revenue also shows that the AO was aware about the merger. Still the AO chooses to pass the rectification order in the name of a non-existent entity. Such order of rectification is to be quashed. Decision of Mahagun Realtors [2022 (4) TMI 347 - SUPREME COURT] does not apply to the facts of the case as fact and intimation of merger was within the knowledge of ld AO. In the result, we confirm the order of the learned CIT (A) and dismiss the appeal of AO.
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