2017 (12) TMI 754 - SCH - Income Tax

Validity of assessment against non existent company - assessment in the name of a company which had been amalgamated and had been dissolved with the said amalgamating company - Held that - No reason to interfere with the impugned judgment(s) passed by the High Court. In view of this, we find no merit in the appeals and special leave petitions. HC has held 2011 (8) TMI 544 - DELHI HIGH COURT provisions of Section 292B of the Act are not applicable in such a case. 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. - Decided in favour of assessee.

Summary

The Supreme Court of India dismissed multiple appeals and special leave petitions after finding no reason to interfere with the impugned judgments passed by the High Court. Delay was condoned, and the learned Senior Counsel for the parties were heard. Justices Rohinton Fali Nariman and Sanjay Kishan Kaul presided over the order.