Case Law Details
Vertex Customer Management India Pvt. Ltd. Vs DCIT (ITAT Delhi)
Conclusion: Framing of an assessment against a non-existent amalgamating entity was not procedural irregularity but a jurisdictional defect not covered under section 292B, therefore, assessment made by AO was nullity in the eyes of law and the same was liable to be quashed.
Held: The issue arose for consideration was AO on being intimated/informed of the fact of amalgamation still the AO chose to pass the assessment order in the name of the non-existent company amalgamating company. Assessee contended that since the order had been passed in the name of a non-existent company, therefore, the same had to be quashed and the provisions of section 292B would not come to the rescue of the Department. It was held framing of an assessment against a non-existent entity was not procedural irregularity but a jurisdictional defect not covered under section 292B and therefore, assessment made by AO was nullity in the eyes of law and was liable to be quashed.
FULL TEXT OF THE ITAT JUDGMENT
This appeal filed by the assessee is directed against the order dated 23.10.2015 passed u/s 143(3)/144C of the I.T. Act, 1961 for assessment year 2011-12.
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