IT: Assessment on dissolved/amalgamated company is invalid
■■■
[2014] 52 taxmann.com 356 (Delhi)
HIGH COURT OF DELHI
Commissioner of Income-tax-III
v.
Dimension Apparels (P.) Ltd.*
S. RAVINDRA BHAT AND VIBHU BAKHRU, JJ.
IT APPEAL NOS. 327 TO 330 & 332 OF 2014†
C.M. NOS. 10527,10528,10641 & 10690 OF 2014
JULY 8, 2014
Section 292B of the Income-tax Act, 1961 - Return of income not to be invalid on certain grounds (Assessment of non-existent entity) - Assessment years 2003-04 to 2008-09 - Whether assessment on a company which has been dissolved/amalgamated under sections 391 and 394 of Companies Act, 1956 is invalid - Held, yes - Whether framing assessment on a non-existent entity is a jurisdictional defect which cannot be cured under section 292B - Held, yes - Whether participation by amalgamated company in assessment proceedings would cure such defect - Held, no [Paras 16, 19 & 22] [In favour of assessee]
■■■
[2014] 52 taxmann.com 356 (Delhi)
HIGH COURT OF DELHI
Commissioner of Income-tax-III
v.
Dimension Apparels (P.) Ltd.*
S. RAVINDRA BHAT AND VIBHU BAKHRU, JJ.
IT APPEAL NOS. 327 TO 330 & 332 OF 2014†
C.M. NOS. 10527,10528,10641 & 10690 OF 2014
JULY 8, 2014
Section 292B of the Income-tax Act, 1961 - Return of income not to be invalid on certain grounds (Assessment of non-existent entity) - Assessment years 2003-04 to 2008-09 - Whether assessment on a company which has been dissolved/amalgamated under sections 391 and 394 of Companies Act, 1956 is invalid - Held, yes - Whether framing assessment on a non-existent entity is a jurisdictional defect which cannot be cured under section 292B - Held, yes - Whether participation by amalgamated company in assessment proceedings would cure such defect - Held, no [Paras 16, 19 & 22] [In favour of assessee]
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