Case Law Details
Case Name : Sapient Consulting Limited Vs DCIT (ITAT Delhi)
Related Assessment Year : 2009-10 & 2010-11
Courts :
All ITAT ITAT Delhi
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Assessment in the name of non-existent entity is void ab initio, legal objection can be raised at any time before higher authorities
Brief of the Case
In the Case of Sapient Consulting Limited vs. DCIT, ITAT Delhi relying upon the order of Jurisdictional High Court held that framing the assessment in the name of non-existent entity is not a procedural irregularity curable u/s 292B of the Act or under any other provision of the Act but it is a jurisdictional defect and hence any order passed in the name of ‘dead person’ is void ab-initio.
Fact of the Case
The appellant company was originall...
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