Surya Medi Tech Ltd. Vs DCIT/ACIT (ITAT Delhi)
The assessee filed two appeals before the Income Tax Appellate Tribunal (ITAT), Delhi, against the common order dated 07.11.2025 passed by the Commissioner of Income Tax (Appeals)-3, Noida for Assessment Years (AY) 2013–14 and 2014–15. The appeals arose from assessment orders dated 26.05.2023 passed under Section 143(3) read with Section 147 of the Income-tax Act, 1961.
Since both appeals involved common grounds, they were heard together and decided through a common order.
At the outset, the assessee challenged the validity of the reassessment proceedings on the ground that the Assessing Officer (AO) had completed the assessment in the name of a non-existent entity. The assessee submitted that pursuant to an order of the National Company Law Tribunal (NCLT), Allahabad Bench dated 21.03.2018, the company had amalgamated with its holding company. Following the amalgamation, the erstwhile company ceased to exist.
The assessee further stated that despite the amalgamation, notices under Section 148 of the Income-tax Act were issued on 27.07.2022 in the name of the erstwhile company. The assessee submitted that the department had already been informed about the amalgamation through a letter dated 23.04.2018 filed on 08.05.2018. The amalgamation order had also been filed before the Registrar of Companies, Kanpur, and was recorded on 19.04.2018. In addition, the company’s master data on the Ministry of Corporate Affairs (MCA) portal reflected its status as “Amalgamated,” indicating that the fact of amalgamation was within the knowledge of the department.
