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Case Law Details

Case Name : ACIT Vs M/s. Mahagun Realtors (P) Ltd, (ITAT Delhi)
Appeal Number : ITA No. 3664/Del/2012
Date of Judgement/Order : 16/07/2018
Related Assessment Year : 2006-07
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ACIT  Vs M/s. Mahagun Realtors (P) Ltd, (ITAT Delhi)

AO has passed the assessment order u/s 153A of the Act in case of Mahagun Realtors Pvt. Ltd (represented by Mahagun India Pvt. Ltd after amalgamation) despite the fact that the above company has merged with Mahagun India Pvt. Ltd by the order of the Hon’ble Delhi High Court dated 09.2007 w.e.f 01.04.2006. As the information of amalgamation is available with the ld AO that the above assessee company did not exists on the date of the assessment order, we find that the assessment order passed by the ld AO is not sustainable in law.

The revenue has raised the issue that Hon’ble Supreme Court in case of Skylight Hospitality LLP has dismissed the SLP filed by the assessee against the order of the Hon’ble Delhi High Court dated 02.02.2018, wherein it has been held that merely wrong name given in the notice is a clerical error which could be rectified u/s 292B of the Act. The above decision is rendered with respect to the issue of “notice” and not of the “order”. Therefore, the fact of the decision before the Hon’ble Delhi High Court were all together different and it is not applicable to the facts of the present case.

FULL TEXT OF THE ITAT JUDGMENT

1. This is an appeal filed by ACIT, Central Circle-03, new Delhi (the AO) and the cross objection filed by the assessee against the order of the ld CIT(A)-II, Delhi dated 30.04.2012 for the Assessment Year 2006-07.

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