HC held assessment orders passed in name of amalgamating ...

Assessment Orders Against Merged Companies Declared Void Despite Participation of Surviving Entity in Tax Proceedings

February 17, 2025

Case Laws     Income Tax     HC

HC held assessment orders passed in name of amalgamating companies void ab initio, despite participation of amalgamated company (RIL) in proceedings. Revenue authorities had prior knowledge of amalgamation yet issued orders against non-existent entities. Following Maruti Suzuki precedent, court determined that once amalgamation is effective, proceedings must be conducted against amalgamated entity. Mere participation by amalgamated company cannot validate assessment orders issued to defunct amalgamating companies. Assessment order dated March 27, 1997, declared legally void, ruling in assessee's favor. Principle affirmed that post-merger assessments must be pursued against surviving amalgamated entity exclusively.

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