Case Law Details
Genpact India Pvt. Ltd. Vs DCIT (ITAT Delhi)
The issue under consideration is whether the framing of an assessment against a non-existent amalgamating entity is sustainable in law?
In the present case, the Assessing Officer has passed the order by mentioning in the title of the order the name of the assessee as Genpact India, which is now merged with “Genpact India Private Limited. Thus, the Assessing Officer was very much aware that the amalgamating company Genpact India is no longer in existence.
ITAT states that, erstwhile entity Genpact India Private Limited was amalgamated with Genpact India w.e.f. 30.04. 2016 as a result of scheme of amalgamation duly approved by the order dated 17.08.2015 by Hon’ble High Court at Telangana and Andhra Pradesh as well as vide order dated 18.03.2016 by Hon’ble Delhi High Court. The Assessing Officer was very much aware that the amalgamating company Genpact India is no longer in existence. This also is supported by the letter dated 18.04.2016 addressed to Member (IT), CBDT and copy to Assessing Officer. In the present case the amalgamating company i.e. Genpact India was not in existence at the time of conducting assessment proceedings as well as on the date of passing Assessment Order. Once it is found that assessment is framed in the name of non-existing entity, it does not remain a procedural irregularity of the nature which could be cured by invoking the provisions of Section 292B of the Act. Hence, the Assessment order itself are void ab initio. Therefore, assessment order is set aside. In the result, the appeal of the assessee is allowed.
FULL TEXT OF THE ITAT JUDGEMENT
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