Bajaj Electricals Ltd. v. Asst. CIT (2026) 489 ITR 682 / 183 taxmann.com 637 (Bom)(HC)

S.170A: Effect of order of Tribunal or court in respect of business reorganisation-After filing revised return pursuant to business reorganisation, furnished a modified return during pending assessment and assessment order was passed considering that return-issuance of fresh notices to reassess modified return was without jurisdiction and contrary to section 170A(2)(b) [S. 143(3) 170A(2), Art. 226]

Assessee had filed its original return of income for assessment year 2023-24 on 31-10-2023, which came to be revised on 30-12-2023 to give effect to scheme of arrangement for demerger of Power transmission and distribution business to ‘B’ Ltd. After NCLT Order approving scheme of amalgamation of ‘N’ with assessee was passed on 1-3-2024, assessee filed modified return of income on 16-9-2024-An assessment order dated 26-03-2025 under Section 143(3) was passed wherein while computing, income as per return was taken as about Rs. 183.45 crores instead of about Rs. 130.48 crores as per modified return. Thereafter, a notice dated 24-06-2025 under Section 143(2) was issued to assess the modified return. On writ, the Court held that since assessment proceedings for the relevant assessment year were pending on the date of furnishing the modified return of income, the Assessing Officer had to pass an order assessing or reassessing the total income of the said assessment year in accordance with the order of business reorganisation and taking into account the modified return so furnished. Where revised return filed by assessee on 30-12-2023 had been selected for scrutiny by issuance of notice under Section 143(2), and assessment order had been passed on 26-03-2025 after assessee had furnished a modified return on 16-09-2024, issuance of fresh notices under Section 143(2) and under Section 142(1) to again assess modified return was without jurisdiction and contrary to Section 170A(2)(b). (AY. 2023-24)

Leave a Reply

Your email address will not be published. Required fields are marked *

*