To continue appeal in amalgamation file revised Form No. 36 in new entity name

EADS India (P) Ltd. Vs Dy. CIT (ITAT Bangalore)

In case of amalgamation, assessee was required to file the revised Form No. 36 in accordance with rules, to continue its appeal in the name of new entity. In the absence of any amended Form 36/memo of parties, the present appeals were not maintainable.

It is abundantly clear that the proceedings initiated by EADS India (P) Ltd. can only be continued by the transferee company i.e., Airbus Group India (P) Ltd. in its own name.

In our view, as the rights and liabilities of EADS India (P) Ltd. are transferred to Airbus Group India (P) Ltd. , therefore it is essential to move an application for filing on record the amended memo of parties and also to file a fresh form 36, mentioning the amalgamation of the assessee company with Airbus Group India (P) Ltd. and peruse appeals in the name of new entity.