Assessment in the name of non-existent amalgamating company being jurisdictional defect are not sustainable

Seagram Distilleries Pvt. Ltd. Vs. ITO, New Delhi – Case Law Update

The assessments in the name of the nonexistent amalgamating company being jurisdictional defect are not sustainable: ITAT: Delhi

Date of Pronouncement: 08.05.2018

Held that the assessments in the name of the nonexistent amalgamating company being jurisdictional defect are not sustainable and, therefore, we quash the same. Once we have quashed the assessment orders, the various additions made by the Assessing Officer do not survive having become academic in nature. Further, the grounds raised by the department in their appeals have become in fructuous and the same are dismissed.

Asked on May 10, 2018 in Income Tax.
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