Framing Assessment against Non-Existent Amalgamating Entity is Unsustainable

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 ...