Validity of Order passed against a non-existent entity - The ...
Income Tax
March 30, 2024
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.
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