VODAFONE IDEA LTD (ERSTWHILE ADITYA BIRLA TELECOM LTD),MUMBAI vs. PCIT-CIRCLE 5, MUMBAI

ITA 662/MUM/2022Status: DisposedITAT Mumbai01 December 2022AY 2017-1841 pages
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What did the Tribunal hold?

The Tribunal held that the assessment order passed in the name of a non-existent entity (erstwhile company) is void and bad in law. Consequently, revision proceedings initiated under Section 263 based on such an order are also invalid.

What were the facts?

The assessee, formerly Aditya Birla Telecom Limited, merged with Vodafone Idea Limited. The Assessing Officer completed the assessment in the erstwhile name of the company. The Principal Commissioner initiated revision proceedings under Section 263, considering the assessment order erroneous and prejudicial to revenue.

What were the issues?

Whether an assessment order passed in the name of a dissolved/merged entity is valid, and if not, can revision proceedings be initiated against it.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

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Income Tax Appellate Tribunal, MUMBAI BENCH “F”, MUMBAI

Before: SHRI S. RIFAUR RAHMAN, HONBLE & MS KAVITHA RAJAGOPAL, HONBLEShri Madhur Aggarwal & Shri Ninad Patade Shri Achal Sharma

For Appellant: Shri J. D. Mistry, Shri Madhur Aggarwal &, Shri Ninad Patade
For Respondent: Shri Achal Sharma
Hearing: 07.09.2022Pronounced: 01.12.2022

PER S. RIFAUR RAHMAN (AM)

1.

This appeal is filed by the assessee against the order of the Learned Principal Commissioner of Income Tax, Mumbai-5 [hereinafter in short “Ld. Pr.CIT”] dated 26.03.2022 for the A.Y.2017-18 passed u/s.263 of the Income-tax Act, 1961 (in short “Act”).

2 Vodafone Idea Limited

2.

Brief facts of the case are, assessee M/s. Aditya Birla Telecom Limited (erstwhile name of the assessee) filed its return of income on 28.09.2017 declaring total income of ₹.127,63,86,997/-. The case was selected for scrutiny

The order continues below.

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