2025 (8) TMI 913

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....r, Adv., Shri Sumit Lalchandani, Adv., Shri Utkarsa Kumar Gupta, Adv. For the Revenue : Shri S. K. Jadav, CIT (DR) ORDER PER M. BALAGANESH, A. M.: 1. The Assessee, M/s. Software ONE India Pvt. Ltd (hereinafter referred to as "assessee) by filing the present appeal sought to set aside the impugned order dated 29.07.2024 passed by the Assessing Officer (AO) under section 143(3) r.w.s. 14....

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.... under normal provisions of the Act and book profit of Rs.1,87,61,127/- u/s 115JB of the Act. This return of income was filed in the name of Comparex India Private Limited. The assessee subsequently merged with softwareONE India Private Ltd, vide order of the Hon'ble National Company Law Tribunal (NCLT) dated 14.10.2022 on appointed date of 01.04.2020. The assessee duly intimated the fact of merge....

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....see before framing of assessment. Now short point that arises for consideration is whether assessment framed in the hands of the non-existent entity would become fatal to the entire assessment proceedings per se or not. This issue is no longer res-integra in view of the decision of the Hon'ble Supreme Court in the case of PCIT vs Maruti Suzuki India Limited reported in 416 ITR 613 (SC), wherein th....

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....ce Enfotainment on 2 November 2017. The decision in Spice Enfotainment has been followed in the case of the respondent while dismissing the Special Leave Petition for AY 2011-2012. In doing so, this Court has relied on the decision in Spice Enfotainment. 34 We find no reason to take a different view. There is a value which the court must abide by in promoting the interest of certainty in ....