Man Energy Solutions India Pvt. Ltd. Vs ITO (ITAT Ahmedabad)
Assessee, Man Turbo India Pvt. Ltd., was amalgamated with Man Diesel & Turbo India Pvt. Ltd. with effect from 1 .1.2013 pursuant to the order of the Hon’ble Bombay High Court dt 28.3.2014 filed with the ROC on 21.5.2015. The fact of amalgamation was repeatedly brought to the notice of AO & the Transfer Pricing Officer through various letters dated 24.06.2014, 20.10.2014, 21.10.2015, 12.01.2016, 18.03.2016, & 07.04.2016. Despite this, the TP order, draft assessment order, DRP directions, & final assessment order were all passed in the name of the non-existent amalgamating company, MAN Turbo India Pvt. Ltd.
Revenue argued that the use of the old name was a clerical error, curable u/s 292B. It was further submitted that the final assessment order also mentioned the correct name of the assessee in brackets, & therefore the assessment should not be held invalid.
Tribunal noted that the issue was squarely covered in favour of assessee by its own decision for AY 2013-14 in ITA No. 1319/Ahd/2018 dt 12.02.2025, where it had followed the decision of the Hon’ble Supreme Court in Pr. CIT v. Maruti Suzuki India Ltd. [(2019) 416 ITR 613 (SC)].
