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Facts
The assessee, M/s IGT Solution Private Ltd., was involved in an amalgamation where its erstwhile company ceased to exist. The Revenue issued a reassessment notice in the name of the erstwhile company. The assessee had duly informed the authorities about the change.
Held
The Tribunal held that the reassessment notice issued to a non-existent entity is vitiated. The decision of the Delhi High Court in Sky Light Hospitality LLP vs. ACIT was relied upon.
Key Issues
Whether a reassessment notice issued in the name of an erstwhile company that has ceased to exist is valid?
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES : G : NEW DELHI
Before: SHRI ANUBHAV SHARMA & SHRI MANISH AGARWAL
This is an appeal preferred by the assessee against the order dated 20.01.2025 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal No.CIT(A), Delhi-4/10854/2019-20 arising out of the appeal before it against the order dated 29.12.2019 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the ACIT, Circle 12(2), Delhi (hereinafter referred to as the Ld. AO).
On hearing both the sides, we find that The Assessee, IGT Solutions Private Limited was incorporated on incorporated on 19 November 1998 under the provisions of Companies Act, 1956 as a private limited company and is engaged in the business of rendering Information Technology Enabled Services, namely business process outsourcing, data processing and software development etc. The erstwhile company, I.G.T. Solutions Private Limited was incorporated on 3 March 1999 under the provisions of Companies Act, 1956 as a private limited company and is engaged in the business of providing Information Technology Software Solutions and BPO outsourcing services to the travel industry.
The erstwhile company, I.G.T. Solutions Private Limited was amalgamated with Interglobe Technologies Private Limited with effect from 1 st April 2017 vide NCLT order dated 12th April 2018. Subsequently, the resultant company, Interglobe Technologies Private Limited, changed its name to IGT Solutions Private Limited vide ROC order dated 19th February 2019. The said fact was duly intimated to the Assistant Commissioner of Income Tax, Circle 12(2), Delhi vide submission dated 26th August 2019. 3. The grounds which have been raised by the Revenue are on the basis that the ld.CIT has followed the decision of the Hon’ble Supreme Court in the case of PCIT v. Maruti Suzuki India Ltd [2019]107 taxmann.com 375 (SC) and there