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IN THE HIGH COURT OF DELHI AT NEW DELHI
YASHWANT VARMA, DHARMESH SHARMA
Pr. Commissioner Of Income Tax-7, Delhi – Appellant
Versus
Vedanta Ltd. – Respondent
JUDGMENT :
YASHWANT VARMA, J.
1. The Principal Commissioner impugns the order of the Income Tax Appellate Tribunal (Tribunal)dated 24 December 2020. We had by our order of 29 July 2024 admitted the instant appeal on the following question of law:-
"A. Whether the inadvertent mistake committed by the TPO as well as Assessing Officer ["AO"] in not mentioning the name of the entity correctly is a curable mistake under the Income Tax Act, 1961 ["Act"] specifically rectifiable in light of decision rendered by the Supreme Court in case of Sky Light Hospitality LLP vs. ACIT, (2018) 13 SCC 147?"
2. The question of law as set out above however came to be rectified in terms of our order dated 13 September 2024 by way of which the expression "as well as Assessing Officer"came to be deleted.
3. The undisputed facts which emerge from the record are as follows. The respondent-assessee, M/s Vedanta Limited (Vedanta) is the resultant entity which came into existence consequent to M/s Cairn India Limited (Cairn) amalgamating with it from an Effective Date of 01 April 2017. The Appointed Date under the Scheme of Amalgamation was stated to be 01 April 2016.
4. A reference with respect to international t
An assessment order issued against a non-existent entity due to amalgamation is fundamentally flawed and cannot be rectified under Sections 154 or 292B of the Income Tax Act.
The assessment framed by the Assessing Officer on a non-existent company is a nullity in the eyes of law and void, and the provisions of section 292B cannot rescue the department.
An assessment notice issued against a non-existing entity post-amalgamation is void ab initio, reinforcing the principle that an amalgamated company ceases to exist legally.
Income Tax -Scheme of amalgamation - in case the assessment orders are framed in the name of a non-existent company it does not mean a procedural irregularity of the nature which could be cured by in....
Proceedings against a dissolved company are void and cannot be sustained under the Central Goods and Services Tax Act.
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