Case Law Details
Honda Cars India Ltd. Vs DCIT (ITAT Delhi)
In this case In spite of intimation to the TPO and the Assessing Officer regarding the amalgamation of ‘Honda Motor India Pvt. Ltd.’ to ‘Honda Cars India Ltd.’, not only the order under section 92CA(3) of the Act was passed in the name of the amalgamated company, but even the final assessment order was also passed in the name of erstwhile company, viz., ‘Honda Motor India Pvt. Ltd.’ and mentioning its PAN. Thus, there cannot be any manner of doubt that the impugned order has been passed in the name of an entity which after amalgamation was not in existence. That being the factual position, applying the ratio laid down in the judicial precedents cited before us, it has to be held that the final assessment order, having been passed in the name of a nonexistent entity, is invalid in the eyes of law.
FULL TEXT OF THE ORDER OF ITAT DELHI
Captioned appeal has been filed by the assessee assailing the final assessment order dated 12.02.2021 passed under section 143(3) read with section 144C(13) read with section 144B of the Income-tax Act, 1961 (in short ‘the Act’) pertaining to assessment year 2016-17, in pursuance to the directions of learned Dispute Resolution Panel (DRP).
2. Substantive grounds raised by the assessee are as under:
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