Tribunal held that pursuant to scheme of amalgamation as approved by High Court, a company was merged with assessee company and amalgamating company was not in existence at time of conduct of assessment proceedings as well as on date of passing Assessment Order, Assessment Order passed in name of amalgamating company was to be set aside, it does not remain a procedural irregularity of nature which could be cured under section 292B of the Act. (AY. 2014-15)
Genpact India (P.) Ltd. v. DCIT (2020) 184 ITD 1 (Delhi)(Trib.)
S. 143(3) : Assessment-Amalgamation-Succession to business otherwise than on death-Amalgamating company was not in existence at time of conduct of assessment proceedings as well as on date of passing Assessment Order-Assessment Order passed in name of amalgamating company being void ab initio was to be set aside. [S. 170, 292B]