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Income Tax

Assessment Order passed against amalgamated (non-existing) company is without jurisdiction

Case Law Details

Case Name
Teleperformance Global Services Private Limited Vs Acit (Bombay High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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Teleperformance Global Services Private Limited Vs Acit (Bombay High Court) The Supreme Court in the case of Maruti Suzuki  had considered that income, which was subject to be charged to tax for the assessment year 2012-13 was the income of erstwhile entity prior to amalgamation. Transferee had assumed liabilities of transferor company, including that of tax. The consequence of approved scheme of amalgamation was that amalgamating company had ceased to exist and on its ceasing to exist, it cannot be regarded as a person against whom assessment proceeding can be initiated. In said case before ...
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