Boeing India P. Ltd. v.ACIT (2024)115 ITR 530 (Delhi)(Trib)

S. 143(3): Assessment-Amalgamation-Amalgamating company ceases to exist-Intimated to the Assessing Officer-Order passed in name of amalgamating company is void ab initio-Order is quashed [2(31), 92CA, 144C]

Held that  both the draft as well as final assessment orders had been passed in the name of a non-existent company. Passing of an order in the name of an entity which has merged with another entity will make the order void ab initio as it cannot be treated as a mere procedural irregularity but affects the jurisdiction of the Assessing Officer. The assessment order passed in the name of a non-existent entity is  held to be void ab initio hence  quashed. (AY. 2016-17)

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