Indian Kanoon - Search engine for Indian Law

14. On 14 October 2016, the DRP issued its order in the name of MSIL (as successor in interest of erstwhile SPIL since amalgamated).

15. The final assessment order was passed on 31 October 2016 in the name of SPIL (amalgamated with MSIL) making an addition of Rs.78.97 crores to the total income of the NC: 2025:KHC:47746 HC-KAR Assessee. While preferring an appeal before the Tribunal, the Assessee raised the objection that the assessment proceedings were continued in the name of the nonexistent or merged entity SPIL and that the final assessment order which was also issued in the name of a non-existent entity, would be invalid.

16. By its decision dated 6 April 2017, the Tribunal set aside the final assessment order on the ground that it was void ab initio, having been passed in the name of a nonexistent entity by the assessing officer. The decision of the Tribunal was affirmed in an appeal Under Section 260A by the Delhi High Court on 9 January 2018 following its earlier decision in the case of the Assessee for AY 2011-12. That has given rise to the present appeal.

17. Mr. Zoheb Hossain, learned Counsel appearing on behalf of the Appellant submitted that: