Scheme of amalgamation of assessee-company was approved by NCLT, Bangalore Bench on 5-9-2017 and DRP took cognizance of company that came into existence post amalgamation but on receipt of DRP’s direction, Assessing Officer passed final assessment order in name of assessee-compan. Held that since assessee-company ceased to be in existence as on date when Assessing Officer passed order of assessment was not sustainable in eyes of law, being a nullity. (AY. 2011-12)
Marlabs Innovations (P.) Ltd. v. DCIT (2022) 196 ITD 179 / 97 ITR 64 (SN) (Bang.)(Trib.)
S. 170 : Succession to business otherwise than on death-Amalgamation-Assessment order was passed in the name of company which is ceased to be in existence as on date when Assessing Officer passed order-Order is nullity. [S. 2(31), 143(3)]