Case Law Details
India Medtronic Private Limited Vs ADDL/JT/DY/CIT/ITO (ITAT Mumbai)
ITAT Mumbai held that entire assessment order passed in the case of non-existing entity is null and void and hence is liable to be quashed.
Facts- Vide the present appeal, the assessee has challenged transfer pricing adjustment as well as corporate additions in various grounds of appeal, which in sum and substance are; firstly, grounds pertaining to transfer pricing adjustment on account of import of goods including spares from Associated Enterprises. Secondly, disallowance of business promotion expenses; and lastly, levy of interest under Section 234B and 234C. However, in both the years, assessee has taken a legal ground that wherein not only the draft assessment order, transfer pricing order and final assessment order have been passed in the case of a non-existing entity and therefore, the entire final assessment order is null and void.
Conclusion- Held that the decision of Hon’ble Apex Court in the case of Mahagun Realtors Pvt. Ltd. is not applicable on the facts of the assessee’s case albeit its facts are clearly covered by the judgment of Apex Court in the case Maruti Suzuki India Ltd. Thus, the entire assessment order have not been passed in the case of non-existing entity is null and void and is hereby quashed.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
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