https://www.taxtmi.com/caselaws?id=461041 The ITAT Mumbai quashed assessment orders passed under section 143(3) read with section 144C against a non-existing amalgamating entity. The court held that orders passed in the name of the amalgamating company (GlaxoSmithKline consumer healthcare limited) were invalid when the company had already amalgamated with the amalgamated company (Hindustan Unilever limited). Despite timely intimation of the amalgamation scheme, the AO incorrectly assessed the non-existent entity. The tribunal distinguished the case from PCIT v Mahagun Realtors Limited, noting proper communication of amalgamation facts. The assessment orders were deemed illegal as a non-existent entity cannot be assessed under the Income Tax Act. Decision favored the assessee. en-us Wed, 08 Feb 2023 00:00:00 +0530 Sat, 08 Mar 2025 15:22:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=461041 The ITAT Mumbai quashed assessment orders passed under section 143(3) read with section 144C against a non-existing amalgamating entity. The court held that orders passed in the name of the amalgamating company (GlaxoSmithKline consumer healthcare limited) were invalid when the company had already amalgamated with the amalgamated company (Hindustan Unilever limited). Despite timely intimation of the amalgamation scheme, the AO incorrectly assessed the non-existent entity. The tribunal distinguished the case from PCIT v Mahagun Realtors Limited, noting proper communication of amalgamation facts. The assessment orders were deemed illegal as a non-existent entity cannot be assessed under the Income Tax Act. Decision favored the assessee. Case-Laws Income Tax Wed, 08 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=461041