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The revenue authorities were aware of the amalgamation of AOK In-house Factoring Services Private Limited with 3i Infotech BPO Limited. The assessing officer passed the assessment order against the non-existent company, which had been delisted and amalgamated with the assessee company. An assessment order passed in the name of a non-existent entity is a nullity and has no legal consequence. Following the judgment in Spice Entertainment Ltd [2011 (8) TMI 544 - Delhi High Court], the assessment order is liable to be quashed. The assessee's appeal is allowed, and the Appellate Tribunal quashed the assessment order as it was passed against a non-existent entity.
The revenue authorities were aware of the amalgamation of AOK In-house Factoring Services Private Limited with 3i Infotech BPO Limited. The assessing officer passed the assessment order against the non-existent company, which had been delisted and amalgamated with the assessee company. An assessment order passed in the name of a non-existent entity is a nullity and has no legal consequence. Following the judgment in Spice Entertainment Ltd [2011 (8) TMI 544 - Delhi High Court], the assessment order is liable to be quashed. The assessee's appeal is allowed, and the Appellate Tribunal quashed the assessment order as it was passed against a non-existent entity.
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