2022 (9) TMI 1669

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....te with Ms. Aarati Sathe, Anchal Gupta and Umedmal Jain. For the Respondent : Ms. Surabhi Sharma with Shri Soumendu Kumar Dash ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against assessment order dated 31/01/2017 passed under section 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 [in short 'the Act']. 2. Shri P.J. Pardiwala appearing on behalf of the assessee subm....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt to amalgamation, SPENI ceases to exist from effective date as defined in the Scheme. The assessee vide communication dated 16/01/2017 intimated the Assessing Officer that consequent to the merger, the final assessment order be passed in the name of successor entity i.e. 'SPNI'. A copy of the order of Hon'ble Bombay High Court approving the Scheme of Amalgamation was also furnished along wit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ons of the DRP. The Assessing Officer passed the final assessment order in the same name as was mentioned in the income tax return, draft assessment order and the directions of the DRP. 5. Both sides heard, orders of authorities below examined. The short issue agitated in appeal before us is, validity of assessment order passed in the name of a Non-existing entity. Undisputedly, the draft assessm....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r passed the final assessment order on 31/01/2017. The documents on record clearly indicate that the Assessing Officer was informed about the change in name. Despite intimation, the Assessing Officer passed the final assessment order in the name of a non-existing entity. The Apex Court in the case of PCIT vs. Maruti Suzuki India Ltd (supra) held that where assessee company was amalgamated with ano....