Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (2) TMI 851 - AT - Income TaxAssessment proceedings in name of a non-existing entity - notice to company predecessor post amalgamation - HELD THAT:- AO was specifically informed of the fact of merger of the assessee. AO was specifically informed, upon his own questionnaire, about the date of merger and the fact that the successor company - Inspite of the aforesaid facts being in the knowledge of the AO and the specific directions of the ld DRP as reproduced above, the AO preferred to pass the assessment order upon the predecessor of appellant which no longer existed and upon the PAN account of the predecessor of the appellant. Catena of judgments cited by the ld AR firmly hold that the assessment orders passed on non existing entities are void - See MARUTI SUZUKI INDIA LIMITED [2019 (7) TMI 1449 - SUPREME COURT] - Moreover in the case in hand when ld DRP had given a specific direction. Failure of the ld AO to follow the same and also makes the assessment order not sustainable. Decided in favour of assessee.
|