Order passed in the name of non-existing entity doesn’t survive

Siemens Limited Vs ACIT (ITAT Mumbai)

ITAT Mumbai held that the assessment order passed in the name of non-existing entity will not survive. Accordingly, the assessment order is liable to be quashed and set aside.

Facts- The assessee has preferred the present appeal challenging the validity of the assessment order on the ground that the assessment orders have been passed by the Assessing Officer on a non-existing entity and hence they are liable to be quashed.

Notably, the assessee herein was initially known as M/s. Siemens Health Care Diagnostics Limited (SHDL). It amalgamated with “Siemens Limited” by virtue of order dated 28.01.2011 passed by Hon’ble Bombay High Court and the order dated 1^st March 2011 passed by Hon’ble Gujarat High Court pursuant to amalgamation petition filed by both the parties. The “appointed date” for amalgamation was 1^st October 2009 and upon giving effect to the order of High Courts, the assessee company stood dissolved from the appointed date and merged with M/s. Siemens Limited.

Conclusion-

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