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MAN DIESEL AND TURBO INDIA PVT. LTD.,,AURANGABAD vs. THE INCOME TAX OFFICER, WARD-2(1)(3),, BARODA

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ITA 716/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad11 August 20256 pages

Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD

Before: SMT. ANNAPURNA GUPTA & SHRI SIDDHARTHA NAUTIYAL

For Appellant: Ms. Chandni Shah, Shri Amol Mahajan
For Respondent: Shri Sher Singh, CIT DR
Hearing: 10.07.2025Pronounced: 11.08.2025

PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:

This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax, Dispute Resolution Panel-2, (in short
“Ld. CIT(DRP-2)”), Mumbai vide order dated 13.12.2016 passed for A.Y.
2012-13. 2. Before us, at the outset, the Counsel for the assessee has challenged the validity of the assessment order on the ground that the assessment was passed in this case on a non-existent entity, namely Man Turbo India Pvt.
Ltd., which stood amalgamated into Man Diesel & Turbo India Pvt. Ltd., w.e.f. 01.01.2013, pursuant to the Scheme of Amalgamation sanctioned by the Hon’ble Bombay High Court vide order dated 28.03.2014. The amalgamation scheme was made effective upon filing with the

MAN DIESEL AND TURBO INDIA PVT. LTD.,,AURANGABAD vs THE INCOME TAX OFFICER, WARD-2(1)(3),, BARODA | BharatTax