DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(3), MUMBAI, MUMBAI vs. KALPATARU PROJECTS INERNATIONAL LIMITED, GUJARAT

ITA 6114/MUM/2025Status: DisposedITAT Mumbai13 January 2026AY 2019-20Bench: SHRI ANIKESH BANERJEE (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the income and disallowances pertaining to the predecessor entity (JMC) for a period prior to its amalgamation cannot be assessed and added in the hands of the successor company (KPIL) by way of a single assessment order under Section 147. The successor can only be assessed in a representative capacity, and such assessment must be distinct.

What were the facts?

The assessee company, Kalpataru Projects International Ltd. (KPIL), is the successor entity to JMC Projects (India) Ltd. (JMC) after a merger. The Assessing Officer (AO) initiated reassessment proceedings under Section 147 against KPIL for transactions of the erstwhile JMC. The CIT(A) partly allowed the appeal on merits but rejected the legal grounds.

What were the issues?

Whether the income of a predecessor entity can be assessed in the hands of the successor entity through a composite reassessment order, and if notices issued to a non-existent entity are valid.

Which sections of the Income-tax Act were involved?

Section 147,Section 170,Section 161,Section 163,Section 139(1),Section 143(3),Section 37(1),Section 115JB,Section 148,Section 90/90A

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Cases cited in this judgment(4)Show list

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

Before: SHRI ANIKESH BANERJEE & SHRI PRABHASH SHANKAR

For Appellant: Shri Vijay Mehta
For Respondent: Shri Ritesh Misra, CIT DR
Pronounced: 13/01/2026

Heard together (6 matters)

I.T.A No.5959/Mum/2025
I.T.A No.5960/Mum/2025
I.T.A No.5961/Mum/2025
I.T.A No.6113/Mum/2025
I.T.A No.6114/Mum/2025
I.T.A No.6159/Mum/2025

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Per Bench: A bunch of appeal was filed by both the assessee and cross appeal by revenue against the separate orders of the Learned Commissioner of Income-tax (Appeals)–51, Mumbai

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