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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All High Courts, Bombay High Court
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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 ...






