International Hospital Ltd. v. DCIT (2024) 167 taxmann.com 317 /(2025) 472 ITR 400 (Delhi)(HC)

S. 148 : Reassessment-Notice-Amalgamation-Informed the factum of amalgamation-Reassessment in the name of non-existent amalgamating entity a nullity-Not curable defect cannot be validated under section 292B-Notice and consequential order is quashed. [S. 147, 292B, Art. 226]

Held  that a notice or proceedings drawn against a dissolved company or one which no longer exists in law would invalidate proceedings beyond repair. The Pr. CIT v. Maruti Suzuki India Ltd. [2019] 107 taxmann.com 375/265 Taxman 515/416 ITR 613 (SC)  Accordingly  initiation or continuance of proceedings after a company has merged pursuant to a Scheme of Arrangement and ultimately comes to be dissolved, would not sustain. It is noted that in this batch of writ petitions and in light of the disclosures which have been made, the assessees clearly appear to have apprised their respective Assessing Officers of the factum of amalgamation and merger at the first available instance. If the respondents chose to ignore or acknowledge those fundamental changes, they would have to bear the consequences which would follow. Once the Scheme came to be approved, the transferor companies came to be dissolved by operation of law. They, thus, ceased to exist in the eyes of law. Proceedings, thus, drawn in their name would be a nullity and cannot be validated by resort to section 292B. (AY. 2015-16)

Leave a Reply

Your email address will not be published. Required fields are marked *

*