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2023 (7) TMI 1162 - HC - Income TaxValidity of assessment against non existent company - amalgamation proceedings concluded - HELD THAT:- Tribunal has not committed any error in rejecting the appeal filed by the Revenue, in as much as, admittedly; the respondent-company was not in existence as on the date of passing of the assessment order and this fact was duly informed and was in the knowledge of the A.O. Hence, we hold that the assessment order passed on a non-existent Company is bad in law, inasmuch as, on the date of passing of the assessment order, the respondent company was not in existence, and as such no any liability can be fastened on a non-existent entity. The Tribunal has rightly held that assessment order passed on a non-existent Company is bad in law. Decided in favour of assessee.
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