Is assessment order passed in the name of a nonexistent company sustainable in the eyes of law?

Last updated: 26 October 2021

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The Income Tax Appellate Tribunal ruled that an assessment order passed in the name of a company that no longer existed due to amalgamation is invalid. The tribunal stated that even if the assessee participated in the proceedings, it does not cure the fundamental defect of the order being issued to a non-existent entity. The appeal by the assessee was allowed.

Court :
ITAT Mumbai

Brief :
This appeal in ITA No.7066/Mum/2019 for A.Y.2016-17 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-24, Mumbai in appeal No.CIT(A)-24/ITO-15(1)(1)/it-307/2018-19 dated 26/08/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961

Citation :
ITA No.7066/Mum/2019

Daily Limit Reached