TaxTMI 
TaxTMI 
2026 (8) TMI 1424
X X X X Extracts X X X X
X X X X Extracts X X X X
..... CIT(A)"] dated 22/03/2019 for A.Y. 2016-17. 2. Though both the Revenue as well as the assessee have raised multiple grounds in their respective appeals, we find that the assessee has also raised an additional grounds vide letter dated 15/07/2022, which reads as under: "1. The assessment order dated 27 March 2018 issued under section 143(3) of the Act is bad in law and invalid: 1.1 The learned ACIT erred in proceeding to frame an assessment on State Bank of Mysore (PAN AACS155P) under section 143(3) without appreciating that erstwhile State Bank of Mysore is amalgamated into State Bank of India on 1 April 2017 as a result of the Government of India Notification no. 128 dated 22 February 2017. 1.2 The learned A....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ased to exist. It was, therefore, contended that the assessment framed in the name of a non-existent entity is void ab initio and suffers from an incurable jurisdictional defect. Reliance was placed on the decision of the Hon'ble Supreme Court in Principal CIT vs. Maruti Suzuki India Ltd. [(2019) 416 ITR 613 (SC)] and various decisions of the Co-ordinate Bench of the ITAT. 2.2. Per contra, the Ld. DR supported the orders of the authorities below. It was submitted that the assessment proceedings were initiated after issuing statutory notices and the amalgamated entity had participated in the assessment proceedings by filing replies and furnishing details from time to time without raising any objection regarding the status of the asses....
X X X X Extracts X X X X
X X X X Extracts X X X X
....From the assessment order itself, we note that the Ld. AO has categorically recorded that, pursuant to the Government of India Notification No. GSR 158(E) dated 22/02/2017, published in the Gazette of India No.128 dated 22/02/2017, the erstwhile State Bank of Mysore stood amalgamated with State Bank of India with effect from 01/04/2017. The assessment order further records that the scrutiny proceedings were initiated thereafter by issuance of notice u/s 143(2) dated 03/07/2017, i.e., after the effective date of amalgamation. Thus, it is an admitted position on record that the Assessing Officer was fully aware of the fact that the amalgamating company had ceased to exist on the date of issuance of the statutory notice as well as on the date ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nd was available in the public domain. The Revenue, therefore, cannot take a plea that the Assessing Officer was unaware of the fact of amalgamation. This position is further fortified by the assessment order itself, wherein, in the opening paragraph, the Assessing Officer has categorically recorded the fact of amalgamation of the erstwhile State Bank of Mysore with State Bank of India pursuant to the aforesaid Government Notification. 4.3. The Hon'ble Supreme Court in Principal CIT vs. Maruti Suzuki India Ltd. [(2019) 416 ITR 613 (SC)] has categorically held that an assessment framed in the name of a non-existent entity after its amalgamation is a substantive illegality which goes to the root of the jurisdiction of the Assessing Off....