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2020 (7) TMI 712 - AT - Income TaxAssessment on a non-existent entity - assessment in the name of the amalgamating company - Whether a curable defect as per Section 292B? - HELD THAT:- The amalgamating company i.e. Genpact India was not in existence at the time of conducting assessment proceedings as well as on the date of passing Assessment Order. Once it is found that assessment is framed in the name of non-existing entity, it does not remain a procedural irregularity of the nature which could be cured by invoking the provisions of Section 292B of the Act. Hence, the Assessment proceedings as well as the Assessment order itself are void ab initio. Therefore, assessment order is set aside. - Decided in favour of assessee.
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