Allowing the appeal of the assessee the Court held that ,The consequence of amalgamation is that the amalgamating companies lose their separate identity and cease to exist. The successor is obliged u/s 170 to file a revised return to reflect the effect of the amalgamation. The fact that the revised return is filed after the due date specified in S. 139(5) is irrelevant as the scheme approved by the NCLT provides for it. The assessee is also not required to seek condonation of delay u/s 119(2)(b) (CANos.9496 to 99 of 2019(Arising out of SLP (C) Nos.19678681 of 2019 dt.18.12.2019) (AY. 2016 -17)
Dalmia Power Ltd v. ACIT /(2019) 112 taxmann.com 252/ (2020) 269 Taxman 352 / 312 CTR 113/420 ITR 339 /185 DTR 1(SC), www.itatonline.org Editorial: Order in ACIT v Dalmia Power Ltd ( 2019) 418 ITR 242 // 312 CTR 127/ 185 DTR 16 (Mad)(HC) is reversed.
S. 139 : Return of income – Delay in filing revised return- Amalgamation – Approval by NCLT – Revised return filed after due date of filing of return is irrelevant- Not required to seek condonation of delay by CBDT [ S. 119(2) (b) , 139 (5) , 170 ]