New Age Buildtech Pvt. Ltd v. NFAC [2023] 151 taxmann.com 66 / (2025) 483 ITR 768 (Bom)(HC)

S. 143(3): Assessment-Amalgamation intimated to Income-tax authorities which has merged-Assessment proceedings against non existing company not valid-Participation in the proceedings by the assessee cannot operate as an estoppel against law. [Art. 226]

When two companies are merged and are so joined, as to form a third company or one is absorbed into or blended with another, the amalgamating company loses its identity. Once the factum of amalgamation of a company had been brought to the notice of the Assessing Officer and despite this the proceedings are continued and an order of assessment passed in the name of non-existent company, the order of assessment would not be merely a procedural defect but would be rendered void; and the participation in the proceedings by the assessee cannot operate as an estoppel against law.

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