Star India (P) Ltd v. ACIT(2023) 224 TTJ 985 (Mum)(Trib)

S. 143(3): Assessment-Return-Refund-Amalgamation-Non-existent entity-Credit for taxes paid-Assessing Officer is bound to give credit of taxes paid under section 199 and allow refund of tax in accordance with law. [ S.139, 139(9) 199, 237]

Held that return of income filed in the name of amalgamating company, i.e. a non-existent entity, after amalgamation are non est and therefore, the assessment order passed in the name of non-existent entity is in valid. Tribunal also held that when the Assessing Officer has assessed the income of the assessee independently, i.e. without considering the returns filed, he is duty-bound to give credit of taxes under section 199 and allow refund of tax in accordance with law after verifying the claim of refund. (AY. 2014-15)