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2023 (5) TMI 1044 - AT - Income TaxValidity of the draft assessment order issued in the name of non-existent entity - amalgamation - TP adjustment - arm’s-length price u/s 92CA - Final assessment order issued in the name of correct assessee - assessee had filed a formal intimation before the DCIT, Transfer Pricing intimating that AIPL has been converted into LLP - HELD THAT:- Fact of conversion of AIPL into LLP was intimated to both the AO and the TPO much before passing of their respective orders, yet both the TPO and the AO passed the Transfer Pricing Order and the draft assessment order in the name of a non-existent entity. The view of the Courts and Tribunals on this issue is unanimous that once the draft assessment order and Transfer pricing order itself are bad in law, having been passed in the name of a non-existent entity, then the final assessment order based on the above orders is void ab initio as well. In view of the above settled position of law, we are of the view that the final assessment order sought to be appeal against is void and hence liable to be set aside. Decided in favour of assessee.
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