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2015 (9) TMI 235 - DELHI HIGH COURT

2015 (9) TMI 235 - DELHI HIGH COURT - TMI - Validity of assessment u/s 153A framed on a non-existent entity - ITAT referring to the decision of CIT v. Vived Marketing Services Pvt. Ltd. (2009 (9) TMI 917 - Delhi high court) which held that an assessment could not be validly framed on a non-existent entity - Held that:- Recently this Court in CIT v. Images Credit and Portfolio Pvt. Ltd (2015 (9) TMI 234 - DELHI HIGH COURT) held that proceedings under Section 153C could not be initiated against an .....

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on with OPPL, will not cure the fundamental defect of the assessment having been framed against an entity that had ceased to exist in the eye of law. - Thus the impugned common order of the ITAT does not call for interference - Decided against revenue. - ITA No. 466/2015 ITA No. 467/2015, ITA No. 470/2015, ITA No. 471/2015, ITA No. 477/2015 - Dated:- 20-8-2015 - S. Muralidhar And Vibhu Bakhru, JJ. For the Appellant : Ms Suruchi Aggarwal, Senior Standing Counsel with Ms Lakshmi Gurung, Junior Sta .....

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oth and textiles. A search was conducted in the premises of the Respondent on 20th October, 2008 and notices under Section 153A (1) of the Act were issued to it on 29th March, 2010 requiring into to file its return for the AYs previous to the relevant AY in which the search was conducted. One of the grounds urged by the Respondent was that following its merger with Optus Promoters Pvt. Ltd. ( OPPL ) from 1st April 2008 in terms of the order of this Court dated 18th October 2010, the initiation o .....

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