2018 (1) TMI 1438 - HC - Income Tax

Court dismisses Revenue's appeal against ITAT's null assessment order post amalgamation, citing precedent.

The High Court dismissed the Revenue's appeal challenging the ITAT's order declaring an assessment as null due to amalgamation. The Court referenced a ... Validity of assessment order in the name of the amalgamating company - assessment framed in the name of the non-existent company - procedural defect - successor-in-interest - Held that:- Tribunal had ruled that the assessment made, in the name of Suzuki Power Train India Limited, was a nullity since the entity was no longer in existence and was subjected to an approved scheme for amalgamation; the transferee company was amalgamated with Maruti Suzuki India Limited. This Court notices that for A.Y. 2011-12, on the same facts, the assessment was held to be invalid – a decision, that was ultimately upheld by this Court in the Pr. Commissioner of Income Tax-6, New Delhi vs. Maruti Suzuki India Limited (Successor of Suzuki Powertrain India Limited - 2017 (9) TMI 387 - DELHI HIGH COURT. The High Court dismissed the Revenue's appeal challenging the ITAT's order, which declared the assessment made in the name of Suzuki Power Train India Limited as a nullity due to amalgamation with Maruti Suzuki India Limited. The Court cited a previous decision where a similar assessment was held invalid, leading to the dismissal of the current appeal.