Back
RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax-1 – Appellant
Versus
Archit Securities Pvt. Ltd. (Successor of M/s Anirudh Overseas Pvt. Ltd. ) – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral)
[Physical Hearing/Hybrid Hearing (as per request)]
1. These appeals concern Assessment Year (AY) 2006-07.
2. Via these appeals, the appellant/revenue has assailed a common order dated 14.12.2021 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].
3. The Tribunal, via the impugned order, disposed of the appeal preferred by the revenue and the cross-objections filed by the respondent/assessee, against the order dated 15.03.2017 passed by the CIT(A), concerning the assessment order dated 28.02.2014 passed under Section 147/143(3) of the Income Tax Act, 1961 [in short, "the Act"].
4. We have heard counsel for the parties at some length. Our attention has been drawn by Mr Ved Jain, learned counsel, who appears on behalf of the respondent/assessee, to the order dated 05.01.2023 passed by the Court in ITA 452/2022 passed by this court.
4.1. A careful perusal of the said order shows that we had etched out the broad controversy and position of law qua the issue at hand. For the sake of convenience, the relevant parts of the said order are extracted hereafter:
"2. This appeal is directed against the order dated 14.12.2021 passed by the Inco
The assessment order against a non-existent entity due to a scheme of amalgamation is not legally valid.
Amalgamation of company – An assessment can always be made and is supposed to be made on Transferee Company taking into account income of both Transferor and Transferee Company.
Assessments made under Section 153A against non-existent entities are void ab initio, confirming jurisdictional deficiencies invalidate the assessment process.
Assessment orders based on non-existent entities are void and not merely procedural irregularities; jurisdictional issues must be addressed to ensure tax law consistency.
Assessment orders against non-existing entities post-amalgamation are void ab initio, necessitating assessments in the name of the amalgamated company.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
