Allowing the appeal, that as the scheme of amalgamation of ITS and the assessee was approved by the Karnataka High Court prior to filing of the revised return, ITS ceased to exist as a company as it had been dissolved without winding up when the order of assessment was passed by the Assessing Officer. As a result, the assessment so framed was not sustainable in the eyes of law being a nullity, and was to be annulled. (AY.2004-05)
Blue Yonder India Pvt. Ltd. v. Dy.CIT (2020) 84 ITR 34 (SN) (Bang.)(Trib.)
S. 143(3) : Assessment-Amalgamation-Assessment order made in name of amalgamating company-Entity non-existent on date of passing of order-Order null and void.