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TMI Blog2019 (11) TMI 1719X X X X Extracts X X X X X X X X Extracts X X X X ..... llenging the validity of the final assessment order passed by the Assessing Officer. 3. Shri P.J. Pardiwala, the leaned Sr. Counsel for the assessee submitted, the Assessing Officer has passed the assessment order in the name of an entity which is no longer in existence. The leaned Sr. Counsel submitted, though, the Assessing Officer had passed the draft assessment order in the name of amalgamated company and the DRP has also passed its direction by mentioning the name of the amalgamated company i.e., BASF India Ltd., however, the final assessment order has been passed in the name of the non-existing entity. The leaned Sr. Counsel submitted, the fact of amalgamation / merger was intimated to the Assessing Officer on 8th March 2011 along wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) r/w section 143(3) of the Act has been passed on 19th November 2012, is no longer in existence as it had amalgamated / merged with BASF India Ltd., from the appointed day of 1st April 2010, by virtue of a scheme of amalgamation / merger approved by the Hon'ble Bombay High Court vide order dated 14 th January 2011. The fact of amalgamation of BASF Polyurethanes India Ltd. with BASF India Ltd. was duly intimated to the Assessing Officer on 8th March 2011, along with all supporting evidence. In fact, learned DRP taking note of the amalgamation / merger has passed its directions by incorporating the name of amalgamated company i.e., BASF India Ltd. In spite of being informed about the fact that BASF Polyurethanes India Ltd. has amalgamat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts of the present case, the Assessing Officer has passed the final assessment order in the name of a non-existing entity. Therefore, as per the ratio laid down in the judicial precedents referred to above, the assessment order has to be declared as invalid. Accordingly, we do so and quash the final assessment order dated 19 th November 2012. 6. Since we have quashed the assessment order for the above reasons, the grounds raised contesting the additions made in the assessment order are of pure academic nature, hence, there is no need to deliberate any further on these grounds. However, the issues raised in these grounds are left upon for adjudication if they arise in any other assessment year in future. For the very same reasons, the gro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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