Case Law Details
Tata Chemicals Limited Vs JCIT (ITAT Mumbai)
Conclusion: Since the final assessment orders after amalgamation was passed in the name of non-existent company by the AO, the same was bad in law and therefore, set aside.
Held: Assessee was a non-existent company and merged with Tata Chemicals Limited as on 01.04.2000. AO made the assessment after the merger in the name of a non-existent company. It was held the issue was squarely covered by the decision of Hon’ble Supreme Court in the case of PCIT vs. Maruti Suzuki India Limited (SC) in civil appeal No. 5409 of 2019 vide order dated 25 July 2019, wherein the final assessment order was set aside as it was void and ab-initio, having been passed in the name of non-existent company by the AO. Once the assessment framed was bad in law being framed on a non-existent company, the consequent rectification order passed under section 154 would not survive. Hence, the rectification order passed under section 154 was also quashed.
FULL TEXT OF THE ITAT JUDGEMENT
These appeals of the assessee are arising out of the different orders of Commissioner of Income Tax (Appeals)-6, Mumbai in 4/2010-1 1 dated 30.11.2011. The Assessments were framed by the Jt. Commissioner of Income Tax, Range-I Mumbai (in short JCIT/ITO/ AO) for AYs 1996-97 to 1999-2000 vide even dated Nil, 22.02.2000, 29.12.2000, 11.03.2002 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).
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