Case Law Details
Siemens Limited Vs ACIT (ITAT Mumbai)
ITAT Mumbai held that the assessment order passed in the name of non-existing entity will not survive. Accordingly, the assessment order is liable to be quashed and set aside.
Facts- The assessee has preferred the present appeal challenging the validity of the assessment order on the ground that the assessment orders have been passed by the Assessing Officer on a non-existing entity and hence they are liable to be quashed.
Notably, the assessee herein was initially known as M/s. Siemens Health Care Diagnostics Limited (SHDL). It amalgamated with “Siemens Limited” by virtue of order dated 28.01.2011 passed by Hon’ble Bombay High Court and the order dated 1st March 2011 passed by Hon’ble Gujarat High Court pursuant to amalgamation petition filed by both the parties. The “appointed date” for amalgamation was 1st October 2009 and upon giving effect to the order of High Courts, the assessee company stood dissolved from the appointed date and merged with M/s. Siemens Limited.
Conclusion-
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