GENPACT INFRASTRUCTURE (HYDERABAD) PVT. LTD.,DELHI vs. ITO, NEW DELHI

ITA 2055/DEL/2015Status: DisposedITAT Delhi09 September 2026AY 2009-1010 pages
AI SummaryRemanded

What were the facts?

The assessee, Genpact Infrastructure (Hyderabad) Pvt. Ltd., was amalgamated with another entity. Despite this, assessment orders and transfer pricing orders were passed in the name of the non-existent erstwhile entity. The assessee had also raised grounds regarding the imputation of interest on receivables and the exclusion of foreign exchange gains from Section 10AA deduction.

What did the Tribunal hold?

The Tribunal admitted an additional ground challenging the validity of the assessment orders as they were passed in the name of a non-existent entity. The Tribunal found it undisputed that the assessee company had ceased to exist post-amalgamation and had communicated this fact.

What were the issues?

Whether assessment orders passed in the name of a non-existent, amalgamated entity are void ab initio. The validity of transfer pricing adjustments and the eligibility of foreign exchange gains for Section 10AA deduction were also issues.

Which sections of the Income-tax Act were involved?

Section 10AA,Section 92CA,Section 143(2),Section 142(1),Section 250,Section 234B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “I” NEW DELHI

For Appellant: Shri Vishal Kalra, Advocate &, Ms Snigdha Gautam, Advocate, Shri Mahesh Kumar, CIT-DR
Hearing: 23.06.2026

Per Kavitha Rajagopal, J M:

This appeal is filed by the assessee, challenging the order of the Learned Commissioner of Income Tax (Appeals) [‘Ld. CIT(A)’ for short], passed u/s 250 of the Income Tax Act, 1961 (‘the Act', for short), pertaining to the Assessment Year (‘A.Y.’ for short) 2009-10. 2

2.

The assessee has raised the following grounds of appeal:- “1. That on the facts and the circumstances of the case and in law, the order passed by the Hon’ble Commissioner of Income Tax (Appeals) (‘CIT(A)’)/Ld. AO is bad in law.

2.

The Ld. CIT(A)/Ld. AO, erred both

The order continues below.

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