Assessment on a non-existent amalgamated company is void ab initio despite section 292B protection.
X X X X Extracts X X X X
X X X X Extracts X X X X
....An assessment or transfer pricing order passed in the name of a dissolved amalgamating company is void ab initio when the successor entity had already informed the tax authorities of the amalgamation and furnished the NCLT-approved scheme. Applying Maruti Suzuki India Ltd., the ITAT held that such an error is not a curable procedural defect under section 292B. The transfer pricing order, draft assessment order and final assessment order, all issued after dissolution in the name and PAN of the non-existent company, were therefore bad in law.....
TaxTMI
TaxTMI