Allowing the appeal of the assessee the Tribunal held that ; on the date of the draft assessment order dated December 21, 2011 and the assessment order dated October 25, 2012 the assessee had merged with JCBIL. The assessee was not in existence with effect from April 1, 2009 pursuant to the scheme of amalgamation. This fact was duly recorded by the Panel in its order. Thus the assessment order was a nullity and was not sustainable in the eyes of law. (AY. 2008 -09 2009-10)
JCB India Limited. v. DCIT (2018) 61 ITR 148 (Delhi) (Trib)
S. 143(3): Assessment – Transfer pricing —Amalgamation —On the date of passing of draft assessment order , assessee company was merged with another company hence the order was held to be not sustainable [ S. 92D ]