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Assessment against a non-existent entity is nullity in the eyes of law
Case Law Details
- Case Name
- Vertex Customer Management India Pvt. Ltd. Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Delhi
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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 be...




