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

ITA 6159/MUM/2025Status: DisposedITAT Mumbai13 January 2026AY 2020-21Bench: 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

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(4)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

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

Read from the judgment's own cause title. This page is filed under one of them.

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

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →