On a writ allowing the petition, that the assessment in the name of a company which had been amalgamated and dissolved was null and void. The assessee had on at least five occasions intimated the assessing authority as to the factum of amalgamation and requested that the assessment be made in the name of the resultant company and hence the assessment order in the name of the non-existent company was liable to be set aside. Therefore, the assessment order passed under section 143(3) read with sections 144C and 144B for the assessment year 2017-2018 in the name of the non-existing entity was quashed and set aside. The Department was granted liberty to proceed in accordance law.(SJ) (AY. 2017-18)
Pharmazell (India) Pvt. Ltd. v. NFAC [2024] 161 taxmann.com 484/ (2025) 478 ITR 710 (Mad)(HC)
S. 143(3): Assessment-Amalgamation-Assessment order passed in name of non-existent assessee amalgamated company after informing Department duly informed about merger-Participation in proceedings no estoppel against law-Assessment order quashed and set aside.[S. 144B, 144C, Art. 226]
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