CIT v. Sony Mobile Communications India Pvt. Ltd. (2023) 456 ITR 753/150 taxmann.com 145 (Delhi)(HC)

S. 143(3) : Assessment-Merger-Intimated to Department Authorities-Order of assessment on company which had merged and ceased to exist-Order is not valid-Not curable defect. [S. 143(2), 292B]

Dismissing the appeal of the Revenue the court held that  that even after the Assessing Officer was informed  that the amalgamation had taken place, and was furnished a copy of the scheme, he continued to proceed on the wrong path. This error continued even after the Dispute Resolution Panel had made a course correction. This was not a mistake curable by recourse to the powers available under section 292B of the Act. The order of assessment is  not valid. (AY.2010-11)