2016 (5) TMI 1435 - HC - Income Tax

Assessment in the name of non existent company - scheme of amalgamation adopted - Held that - In view of the decision of this Court in Spice Infotainment v. CIT (2011 (8) TMI 544 - DELHI HIGH COURT) no substantial question of law arises as held that the framing of assessment against a non-existing entity/person goes to the root of the matter which is not a procedural irregularity but a jurisdictional defect as there cannot be any assessment against a dead person - no procedural irregularity of the nature which could be cured by invoking the provisions of Section 292B - Decided in favour of assessee.

Summary

The High Court of Delhi condoned the delay in filing the appeals (ITA 341/2016 and ITA 342/2016) and dismissed the appeals as no substantial question of law arose, citing the decision in Spice Infotainment v. CIT (2012) 247 CTR 500 (Del).