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Assessment in name of non-existent company was invalid & non-curable defect
Case Law Details
- Case Name
- DCIT Vs. First Future Agri and Developers Ltd. (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Mumbai
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DCIT Vs. First Future Agri and Developers Ltd. (ITAT Mumbai)
Conclusion: Since AO had completed the assessment in the name of a company which had merged and was not in existence on the date the assessment order was passed, therefore, the assessment was invalid and the same was not a curable defect under section 292B.
Held: On approval of the scheme of amalgamation, assessee stood amalgamated with UTVSC Ltd and all relevant facts relating to the amalgamation of assessee was brought to the notice of AO in the course of the assessment proceedings for the impugned assessment year. AO however, st...





