Dy. CIT v. Reliance Industries Ltd. [2026] 309 Taxman 501/488 ITR 624 (SC). Editorial: Reliance Industries Ltd. v. P. L. Roongta [2025] 171 taxmann.com 467 /479 ITR 770 (Bom)(HC)

S. 143(3): Assessment-Non-existing entity-Order passed in the name of non-existing amalgamated entities despite revenue’s knowledge-Application for additional evidence under Order XLI Rule 27 of CPC allowed-SLP dismissed. [S. 143, 260A, CPC Order XLI Rule 27, Art. 136]

Pursuant to an amalgamation order, two entities (RPEL and RPPL) amalgamated with the assessee-company (RIL). Despite being formally intimated about the amalgamation, the Assessing Officer proceeded to pass assessment orders in the names of the non-existing entities. The High Court held that assessment orders passed against non-existing entities despite prior knowledge were void ab initio. It also allowed the assessee’s application under Order XLI Rule 27 of the CPC to introduce additional inter-parte communications proving the revenue’s knowledge. The Hon’ble Supreme Court noted that the revenue had already issued fresh notices, which were under separate challenge, and found no reason to entertain the Special Leave Petition, which was dismissed. (AY. 1993-94 to 1995-96)

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