BASF Polyurethanes amalgamated/merged with assessee by virtue of scheme of amalgamation/merger approved by High Court with effect from 1-4-2010. In spite of being informed about fact that BASF Polyurethanes had amalgamated/merged and was no longer in existence, still, Assessing Officer passed final assessment order in name of erstwhile company i.e., BASF Polyurethanes. Tribunal held that since Assessing Officer had passed final assessment order in name of a non-existing entity, therefore, same would be invalid and quashed. (AY. 2008-09)
BASF India Ltd. v. DCIT (2020) 185 ITD 919 (Mum.)(Trib.)
S. 143(3) : Assessment-Non-Existing entity-Merger-Succession to business otherwise than on death-Order passed in non-existing entity is held to be invalid. [S. 170, 292B]