CIT v. Nokia Solutions And Network India Pvt. Ltd. (2018) 402 ITR 21// 253 Taxman 409 /164 DTR 198 (Delhi) (HC)

S. 170 : Succession to business otherwise than on death -Assessment— Amalgamation of companies — Assessment on company which is non-existent was held to be not valid- Assessment was not procedural irregularity which can be curable. [ S. 143(3), 292B ]

Dismissing the appeal of the revenue the Court held that ; in the first instance the assessment was conducted in the name of a non-existing entity. The Dispute Resolution Panel to whom the matter was directed, by the first remand, by the Tribunal, was not directed, in turn, to require the Assessing Officer to “better” the original illegality, which was not curable, under S. 292B .(AY. 2006 -07)