Notice in name of the transferor or amalgamating company - ...

Court Rules Amalgamation Doesn't Automatically Invalidate Assessment Orders; Defect Curable u/s 292B of Companies Act.

April 7, 2022

Case Laws     Income Tax     SC

Notice in name of the transferor or amalgamating company - corporate death of an entity upon amalgamation - Curable defect u/s 292B - Amalgamated company through its representatives participated in each proceedings - This Court notes and holds that whether corporate death of an entity upon amalgamation per se invalidates an assessment order ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case. - in the facts of this case, the conduct of the assessee, commencing from the date the search took place, and before all forums, reflects that it consistently held itself out as the assessee. - SC

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