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Income Tax - Highlights / Catch Notes

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Validity of reassessment order made in the name of defunct ...


Court Invalidates Reassessment Order Issued in Name of Defunct Company Post-Merger, Citing Improper Amalgamation Use.

March 12, 2021

Case Laws     Income Tax     HC

Validity of reassessment order made in the name of defunct company which has since merged with the petitioner - it would be absurd to hold that the order has been passed in the name of a defunct company to scuttle the re-assessment proceeding. Amalgamation cannot be used as a tool to defeat assessment and re-assessment proceedings as the sanctioned scheme of amalgamation itself takes care of such eventualities. It cannot be used to subvert assessment proceedings. - HC

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