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Judgment
PER SATBEER SINGH GODARA, JM
This assessee’s appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2025-26/1081286426(1), dated 29.09.2025 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
It emerges at the outset during the course of hearing that there arises the first and foremost legal issue of validity of the learned Assessing Officer’s assessment itself framed in the name of M/s. Ultimate Hospitality Services Pvt. Ltd. i.e. the assessee’s predecessor in interest which got merged w.e.f. 01.04.2012 as per hon’ble Madras high court’s order/judgment approving the amalgamation scheme on 22.07.2013 u/s 351 & 354 of the Companies Act. There is no denial coming from the Revenue side that the learned Assessing Officer appears to have initiated section 148 proceedings against the above de-merged entity only followed by his assessment in the very name. That being the clinching factual position, we hereby quote PCIT Vs. Maruti Suzuki (2019) 416 ITR 613 (SC) that such an assessment framed in a non-existent entity’s hands is not sustainable in law. The same stands quashed in very terms therefore.
All other remaining pleadings between the parties on merits stand rendered academic.
This assessee’s appeal is allowed.