NFAC Erred by Passing Order in Name of Non-Existent Entity; ITAT Directs NFAC to Admit Amended Appeal Post Amalgamation

IDP Education India Pvt. Ltd. Vs DCIT (ITAT Delhi) New Delhi: In a significant ruling, the Income Tax Appellate Tribunal (ITAT) Delhi Bench has reinstated an appeal filed by IDP Education Exam Services Private Limited, which was initially dismissed by the Commissioner of Income-tax (Appeals), NFAC, Delhi, on the grounds that the original assessee had ceased to exist due to amalgamation. The Tribunal held that an appeal filed by an entity before its amalgamation should be continued by the amalgamated company, especially when the fact of amalgamation is brought to the notice of the appellate aut...