Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
The High Court quashed the reassessment proceedings initiated against the non-existent amalgamating company. Relying on the Supreme Court's decision in Maruti Suzuki India Ltd. and the Bombay High Court's judgment in Teleperformance Global Services Private Limited, the court held that once the amalgamating company ceased to exist due to the amalgamation scheme approved by the NCLT, the assessing officer lacked jurisdiction to proceed against a non-existent entity. Consequently, the impugned action u/s 148 of the Income Tax Act and the resultant assessment order were declared wholly without jurisdiction, non-est, and a nullity.
The High Court quashed the reassessment proceedings initiated against the non-existent amalgamating company. Relying on the Supreme Court's decision in Maruti Suzuki India Ltd. and the Bombay High Court's judgment in Teleperformance Global Services Private Limited, the court held that once the amalgamating company ceased to exist due to the amalgamation scheme approved by the NCLT, the assessing officer lacked jurisdiction to proceed against a non-existent entity. Consequently, the impugned action u/s 148 of the Income Tax Act and the resultant assessment order were declared wholly without jurisdiction, non-est, and a nullity.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
