Validity of Order passed against a non-existent entity - The ...

Tribunal Rules Tax Assessment Order Void for Non-Existent Entity Post-Merger, Stresses Jurisdictional Accuracy.

March 30, 2024

Case Laws Income Tax AT

Validity of Order passed against a non-existent entity - The Appellate Tribunal's decision revolves around the critical legal principle that an assessment order issued in the name of a non-existent entity, due to merger or amalgamation, is void from the outset. This principle was upheld through reliance on established judicial precedents, particularly from the Supreme Court and Delhi High Court. The case underscores the necessity for the Assessing Officer to ensure that assessment orders reflect current legal realities, including the existence of the entities involved. By quashing the order as void ab initio, the Tribunal reaffirmed the importance of jurisdictional correctness over procedural regularity in tax assessment proceedings.

View Source

← Previous Next →

Validity of Order passed against a non-existent entity - The ...

Tribunal Rules Tax Assessment Order Void for Non-Existent Entity Post-Merger, Stresses Jurisdictional Accuracy.

March 30, 2024

Case Laws Income Tax AT

You may also like:

HC held assessment proceedings invalid where conducted against non-existent company post-merger. Despite AO's awareness of merger during assessment and in original...

Reopening of assessment post amalgamation process - Mere activation of PAN number may not give a right to the revenue to issue notice to a non-existent entity....

Notice u/s 148 issued to a non-existent entity due to merger. ITAT held such notice illegal, invalid and non-est as per Bombay HC in Uber India Systems Pvt. Ltd. Despite...

As per the Scheme of Amalgamation, the effective merger date of the petitioner company with another company was 01.04.2012. Post-merger, the petitioner ceased to exist,...

Reassessment proceedings against non existent entity - amalgamated company - Mere activation of PAN number may not give a right to the respondents to issue notice to a...

Validity of reopening of assessment - notice against non existent entity / amalgamated company - Notices issued.

Assessment order passed against a non-existent entity due to merger of companies is invalid. The assessment order was passed in the name of Genpact India, which had...

Respondent M/s Vedanta Limited [Vedanta] is the resultant entity after M/s Cairn India Limited [Cairn] amalgamated with it. The TPO and AO inadvertently made the draft...

Validity of assessment - non-existent entity consequent to the order of merger - final order of assessment for Assessment Year 2010-11 dt.30.12.2014 passed in the name...

Adjustment of excess service tax paid with subsequent service tax liability - case of Revenue is that Rule 6 (3) of Service Tax Rules, 1994 do not provide for such...

Refund claim of service tax paid on cancelled transactions - Post GST era - Rejection of refund under Rule 6(3) of Service Tax Rules read with Sec 142(5) of CGST Act -...

The High Court addressed the validity of a show cause notice (SCN) and final order issued against a non-existent entity, the rectification of procedural defects, and the...

Revocation of Customs Brokers’ licence - Non-existent exporters have also been filing GST returns with the department - The tribunal clarified that the Customs Broker's...

Refund of excess Duty paid - closure of factory - It’s very obvious that when one entity closed it’s production and surrendered the registration and a new entity...

HC held assessment orders passed in name of amalgamating companies void ab initio, despite participation of amalgamated company (RIL) in proceedings. Revenue authorities...

Quick Updates: