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“amalgamation”

Mergers & RestructuringSection 2(1B)Section 2(1B)1,456 judgments

The decision most relied on for amalgamation is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 judgments on BharatTax.

Leading authorities on amalgamation

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

PCIT v. Maruti Suzuki India Ltd.
416 ITR 613 · 2019 · Supreme Court
308
citing judgments

A notice issued under section 148 to a non-existent entity, such as an amalgamating company post-merger, is a substantive illegality, rendering assessment proceedings void ab initio. Participation in such proceedings does not estop the assessee from challenging the validity of the notice.

Spice Infotainment Ltd. v. CIT
247 CTR 500 · 2012 · High Court
114
citing judgments

An assessment framed in the name of a company that has ceased to exist due to amalgamation is invalid, even if the amalgamated company participated in the proceedings. Such a defect cannot be cured under section 292B of the Income-tax Act.

PCIT v. Mahagun Realtors Pvt. Ltd.
443 ITR 194 · 2022 · Supreme Court
95
citing judgments

An assessment framed by the Assessing Officer in the name of a defunct transferor company is valid if the assessee failed to intimate the AO about the merger or amalgamation.

Saraswati Industrial Syndicate Ltd. v. CIT
186 ITR 278 · 1990 · Supreme Court
79
citing judgments

Upon amalgamation, the amalgamating company ceases to exist in the eyes of the law. Therefore, any assessment or proceeding initiated against a non-existent amalgamating company is invalid as it is no longer considered a 'person' under the Income-tax Act.

CIT v. Amalgamations Ltd.
238 ITR 963 · 1998 · High Court
73
citing judgments

An assessment order can be deemed erroneous due to the Assessing Officer's non-application of mind or inadequate inquiry, warranting revision under Section 263. However, the Principal Commissioner of Income Tax must establish the order is both erroneous and prejudicial to the revenue, and cannot use this power merely to direct further inquiries without such a finding.

Additional/Joint/Deputy/Assistant Commissioner of Incometax/Income-tax Officer v. Mylan Laboratories Ltd.
137 Taxmann.com 178 · 2022 · High Court
60
citing judgments

Goodwill arising on amalgamation is entitled to depreciation. This principle is established by multiple High Court decisions.

Beverages 331 ITR 192 (Del) B.Raveendran Pillai v. CIT
237 Taxmann 230 · 2016 · High Court
59
citing judgments

Goodwill arising on amalgamation is an intangible asset qualifying for depreciation under Section 32 of the Income Tax Act.

Judgments citing amalgamation

ACIT Central Circle 1(3), Ahmedabad vs. Unicorn Packaging Private Limited, Ahmedabad

In the result, this appeal of the Revenue is, accordingly, stands dismissed

ITA 895/AHD/2025[2016-17]Status: DisposedITAT Ahmedabad25 Feb 2026AY 2016-17

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 32(1)Section 43(1)Section 43(6)(c)Section 49(1)(iii)Section 55(2)(a)

section 43(6)(c) and section 55(2)(a)(ii) which established that Depreciation cannot be claimed on goodwill arising out of amalgamation under the existing provision of the Income-tax Act." 3) "The Revenue craves leave to add/alter/armed and/or substitute any or all of the grounds of appeal ... declaring total income of Rs.1,42,588/-. The entity has undergone a series of restructuring events: Unicorn Packers Pvt. Ltd. was amalgamated with Urmin Marketing Pvt. Ltd. with appointed date 01.04.2014 pursuant to a scheme of amalgamation approved by the Hon’ble Gujarat High Court vide order dated 27.07.2015; thereafter

ACIT Central Circle 1(3), Ahmedabad vs. Unicorn Packaging LLP, Ahmedabad

In the result, this appeal of the Revenue is, accordingly, stands dismissed

ITA 894/AHD/2025[2016-17]Status: DisposedITAT Ahmedabad25 Feb 2026AY 2016-17

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 32(1)Section 43(1)Section 43(6)(c)Section 49(1)(iii)Section 55(2)(a)

section 43(6)(c) and section 55(2)(a)(ii) which established that Depreciation cannot be claimed on goodwill arising out of amalgamation under the existing provision of the Income-tax Act." 3) "The Revenue craves leave to add/alter/armed and/or substitute any or all of the grounds of appeal ... declaring total income of Rs.1,42,588/-. The entity has undergone a series of restructuring events: Unicorn Packers Pvt. Ltd. was amalgamated with Urmin Marketing Pvt. Ltd. with appointed date 01.04.2014 pursuant to a scheme of amalgamation approved by the Hon’ble Gujarat High Court vide order dated 27.07.2015; thereafter

ACIT Central Circle 1(3), Ahmedabad vs. Unicorn Packaging LLP, Ahmedabad

In the result, this appeal of the Revenue is, accordingly, stands dismissed

ITA 893/AHD/2025[2016-17]Status: DisposedITAT Ahmedabad25 Feb 2026AY 2016-17

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 32(1)Section 43(1)Section 43(6)(c)Section 49(1)(iii)Section 55(2)(a)

section 43(6)(c) and section 55(2)(a)(ii) which established that Depreciation cannot be claimed on goodwill arising out of amalgamation under the existing provision of the Income-tax Act." 3) "The Revenue craves leave to add/alter/armed and/or substitute any or all of the grounds of appeal ... declaring total income of Rs.1,42,588/-. The entity has undergone a series of restructuring events: Unicorn Packers Pvt. Ltd. was amalgamated with Urmin Marketing Pvt. Ltd. with appointed date 01.04.2014 pursuant to a scheme of amalgamation approved by the Hon’ble Gujarat High Court vide order dated 27.07.2015; thereafter

ACIT Central Circle 2(3), Ahmedabad vs. Intas Pharmaceuticals Limited, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 1842/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad24 Feb 2026AY 2016-17

Bench: Ms. Suchitra R. Kamble & Shri Narendra Prasad Sinhaasst. Commissioner Of M/S. Intas Pharmaceuticals Ltd., Vs. Income-Tax, Corporate House, S.G. Highway, Central Circle 2(3), Nr. Sola Bridge, Thaltej, Ahmedabad Ahmedabad-380 054 [Pan : Aaaci 5120 L] (Appellant) .. (Respondent) Appellant Represented By : Shri Sher Singh, Cit (Dr) Respondent Represented By: Shri S. N. Soparkar, Sr. Advocate & Ms. Urvashi Sodhan, Ar Date Of Hearing 07.01.2026 Date Of Pronouncement 24.02.2026 O R D E R Per Ms. Suchitra R. Kamble:-

Section 250

only one customer and the entire sales of M/s Intas Lifesciences Put. Ltd was being to the assessee company In these situations, by the amalgamation of M/s Intas Lifesciences Pvt. Ltd. with the assessee company, there is no gain of brand equity, unique clientele, unique niche market, customer relations ... facts and the circumstances of the case and in law, the id. CIT(A) has erred in ignoring the fact that, after amalgamation, the assessee company has ACIT Vs. Intas Pharmaceuticals Ltd Asst. Year : 2016-17 - 3– shown the acquired assets at the same value as recorded in the books

Equifax Credit Information Services Pvt Ltd, Mumbai vs. Income Tax Officer WD-9(2)(1), Mumbai

In the result, the appeal for A

ITA 5324/MUM/2025[2011-12]Status: DisposedITAT Mumbai24 Feb 2026AY 2011-12
Section 143(1)Section 143(3)Section 254Section 40A(2)(b)Section 68

balance sheets; and that the remittance is evidenced by FIRC and regulatory reporting to RBI. It was also explained that EFX had undergone amalgamation into another group entity (Equifax Luxembourg), and the bank statements related to a period as old as 10 years, and therefore extraction/production of certain statements took

Equifax Credit Information Services Pvt Ltd, Mumbai vs. Income Tax Officer WD-9(2)(1), Mumbai

In the result, the appeal for A

ITA 5323/MUM/2025[2012-13]Status: DisposedITAT Mumbai24 Feb 2026AY 2012-13
Section 143(1)Section 143(3)Section 254Section 40A(2)(b)Section 68

balance sheets; and that the remittance is evidenced by FIRC and regulatory reporting to RBI. It was also explained that EFX had undergone amalgamation into another group entity (Equifax Luxembourg), and the bank statements related to a period as old as 10 years, and therefore extraction/production of certain statements took

M/S. Ntt Data Global Services Private Limited, Bangalore vs. The Joint Commissioner of Income Tax, Special Range- 5, Bangalore

ITA 2533/BANG/2019[2015-16]Status: DisposedITAT Bangalore23 Feb 2026AY 2015-16
For Appellant: Shri Chavali NarayanFor Respondent: Dr. Divya K. J
Section 133(6)Section 143(3)Section 144C(13)Section 144C(5)

list of final comparables and has sought its exclusion, inter alia, on the ground of functional dissimilarity, lack of segmental information, acquisition & amalgamation, existence on intangibles etc. 16.2. TPO selected Larsen & Toubro Infotech Limited (Segmental) as a comparable and computed PLI as under: Company Name Financial Year Wise OP/OC ... Private Limited, we note that this company has become wholly owned subsidiary operating in the related business of the comparable company. The scheme of amalgamation is yet to be approved by the High Court. As such there is no information in the annual report to indicate that such acquisition

Rubber King Tyre Private Limited, Ahmedabad, Gujarat vs. DCIT, 3(1)(2), Ahmedabad, Gujarat

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 145/AHD/2026[2017-18]Status: DisposedITAT Ahmedabad20 Feb 2026AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Narendra Prasad Sinhaassessment Years: 2017-18

Section 143(3)Section 32Section 32(1)Section 43(1)Section 43(6)

Centre (NFAC), Delhi has erred in confirming the action of the Assessing Officer in not appreciating fact that the cost incurred by the appellant amalgamated company was accounted for in the books of account according to the accepted principles of accounting and accounting standards and as the Goodwill was acquired ... fact that Hon'ble Rubber King Tyre Private Limited Vs. DCIT, AY-2017-18 National Company Law Tribunal (NCLT) had approved scheme of amalgamation of amalgamating company with appellant company which was binding in all respect including exchange ratio and value of shares in terms of which, the appellant company

Tml Benefit Trust, Mumbai vs. ITO Ward 30(1)(1), Mumbai

In the result: (i) The appeal against the adjustment under section 143(1)

ITA 7826/MUM/2025[2018-19]Status: DisposedITAT Mumbai20 Feb 2026AY 2018-19

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

Section 10(34)Section 115Section 143(1)Section 143(1)(a)Section 143(3)

Tech Mahindra Limited which were issued to the Trust in lieu of shares of Satyam Computer Services Limited pursuant to a scheme of amalgamation and arrangement sanctioned by the Hon’ble High Court of Judicature at Bombay. Tech Mahindra Limited is the settlor as well as the sole beneficiary

Tml Benefit Trust, Mumbai vs. ITO 30(1)(1), Mumbai

In the result: (i) The appeal against the adjustment under section 143(1)

ITA 7756/MUM/2025[2018-19]Status: DisposedITAT Mumbai20 Feb 2026AY 2018-19

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

Section 10(34)Section 115Section 143(1)Section 143(1)(a)Section 143(3)

Tech Mahindra Limited which were issued to the Trust in lieu of shares of Satyam Computer Services Limited pursuant to a scheme of amalgamation and arrangement sanctioned by the Hon’ble High Court of Judicature at Bombay. Tech Mahindra Limited is the settlor as well as the sole beneficiary

Erstwhile Bihar Kshetriya Gramin Bank, Patna vs. Asst Commissioner of Income-Tax, Circle 1, Patna

In the result, the appeal filed by the Assessee is partly allowed for statistical purposes

ITA 459/PAT/2025[2017-2018]Status: DisposedITAT Patna19 Feb 2026AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 133(6)Section 147Section 250Section 481

Commissioner of Income-tax (Appeals), NFAC, Delhi erred in not appreciating the fact that appellant had since ceased to exist owing to its amalgamation with Bihar Gramin Bank and that proceedings u/s 147 of the act cannot be initiated on the non-existent entity. 3. That the ld. Commissioner ... order, the assessee filed an appeal before the Ld. CIT(A) and it was stated in the statement of facts that the bank had amalgamated and was not in existence at the time of initiation of proceedings u/s 147 of the Act vide notice dated

Aptara Technologies Private Limited, Pune vs. DCIT, Circle1(1), Pune

In the result, the appeal of the assessee is dismissed

ITA 63/PUN/2020[2015-16]Status: DisposedITAT Pune17 Feb 2026AY 2015-16

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar
Section 115Section 115QSection 139(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 32

year proceeding the impugned assessment year (year of amalgamation). From the perusal of the financial statements; it is observed that the amalgamated company, before amalgamation i.e. ATPL earned more revenue ie. Rs.2.23 crores for FY 2013-14 than the amalgamating company i.e. MLPL having a turnover of Rs. 1.97 crores ... ATPL. Also post amalgamation, no sales have been effected to the Holding Company which indicates that the existing business of the subsidiary company prior to amalgamation has been discontinued post amalgamation and only the facilities or the assets appearing in the balance sheet prior to amalgamation

Kamuthi Solar Power Limited (Merged With Adani Green Energy Twenty -Three Ltd.), Ahmedabad vs. The Pr. CIT, Ahmedabad-1, Ahmedabad

In the result, appeal of the assessee is allowed

ITA 1242/AHD/2025[2020-21]Status: DisposedITAT Ahmedabad13 Feb 2026AY 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyalkamuthi Solar Power Limited Vs. Principal Commissioner Of (Merged With Adani Green Income-Tax, Energy Twenty Three Ltd.), Ahmedabad-1 Adani House, Nr. Mithakhali Six Roads, Ahmedabad-380009 [Pan :Aafck 8399 E] (Appellant) .. (Respondent) Appellant By : Shri Biren Shah, Ar Respondent By: Shri R.P. Rastogi, Cit-Dr Date Of Hearing 10.12.2025 Date Of Pronouncement 13.02.2026

For Appellant: Shri Biren Shah, ARFor Respondent: Shri R.P. Rastogi, CIT-DR
Section 115BSection 143(3)Section 144BSection 263

been passed by the Ld. PCIT in the name of Kamuthi Solar Power Limited, which had already ceased to exist pursuant to its amalgamation with Adani Green Energy Twenty Three Ltd. by virtue of an order of the Hon’ble NCLT dated 19.03.2024, effective from the appointed date ... NCLT order and intimation letters. Kamuthi Solar Power Ltd Vs. PCIT Asst. Year : 2020-21 - 4– Despite being fully aware of the amalgamation, the Ld. PCIT proceeded to pass the impugned order in the name of a non-existent entity, rendering the order void ab initio. Reliance was placed

Mahaveera Rice World (Now Known As Mahavira Rice World LLP), Delhi vs. Deputy Commissioner of Income Tax, Circle 46(1), Delhi

In the result, the appeal of the assessee is allowed

ITA 6419/DEL/2025[2014-15]Status: DisposedITAT Delhi13 Feb 2026AY 2014-15

Bench: Shri Mahavir Singh, Hon’Ble & Smt. Renu Jauhri, Hon’Ble

Section 133ASection 143(3)Section 145(3)Section 147Section 148Section 250Section 69C

Maruti Suzuki India Ltd., [TS-429-SC-2019], the Hon’ble Apex Court has held that when the AO was informed of the amalgamating company having ceased to exist, the basis on which jurisdiction was invoked was fundamentally at odds with the legal principle that the amalgamating entity ceases ... exist upon the approved scheme of amalgamation. Further, in the case of Spice Entertainment vs. CST [TS-475-HC-2011 (Del)], the Hon’ble jurisdictional High Court has held that it was incumbent upon the income tax authorities to substitute the successor in place of the said person when

Happy Suppliers Pvt. Ltd., (Merged With Rishi Securities & Finance Private Limited), Kolkata vs. ACIT, Central Circle 3(1), Kolkata

In the result, both the captioned appeals of the assessee are allowed

ITA 2578/KOL/2025[2021-2022]Status: DisposedITAT Kolkata12 Feb 2026AY 2021-2022

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2577 & 2578/Kol/2025 (Assessment Years: 2016-17 & 2021-22) Happy Suppliers Pvt. Ltd (Merged With Rishi Securities & Finance Private Limited)……….……….……Appellant Octavius Centre, 1St Floor, 15B, Hemant Basu Sarani, Kol-1. [Pan: Aabch9212M] Vs. Acit, Central Circle-3(1), Kolkata….……………………….....……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Appellant. Shri Sandip Sarkar, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2026 Date Of Pronouncing The Order : February 12, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Dated 08.09.25 & 28.08.2025 Of The Commissioner Of Income Tax (Exemption)-21, Kolkata [Hereinafter Referred To As ‘Cit(E)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Assessee & Facts Are Similar, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Relevant A.Y Declaring Nil Income. A Search & Seizure

Section 132Section 143(2)Section 147Section 148Section 250Section 56(2)Section 56(2)(x)Section 69Section 69A

quashed. He further submits that the company i.e. Happy Suppliers Pvt Ltd with PAN AABCH9212M had entered into a scheme of amalgamation with Rishi Securities & Finance Private Limited holding and the Scheme of amalgamation was approved by the Hon’ble National Company Law Tribunal, Kolkata Bench, vide order ... 40/KB/2023 connected with CA (CAA) 143/KB/2022 dated 26.07.2024 w.e.f. appointed date of amalgamation i.e. 01.04.2022. Hence, the order passed u/s 147 of the Act on 28.03.2025 for the A.Y 28.03.2025 and also for the assessment year 2021-22 dated 17.03.2025 is bad in law. The ld. AR further submits that

Happy Suppliers Pvt. Ltd., (Merged With Rishi Securities & Finance Private Limited), Kolkata vs. ACIT, Central Circle 3(1), Kolkata

In the result, both the captioned appeals of the assessee are allowed

ITA 2577/KOL/2025[2016-2017]Status: DisposedITAT Kolkata12 Feb 2026AY 2016-2017

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2577 & 2578/Kol/2025 (Assessment Years: 2016-17 & 2021-22) Happy Suppliers Pvt. Ltd (Merged With Rishi Securities & Finance Private Limited)……….……….……Appellant Octavius Centre, 1St Floor, 15B, Hemant Basu Sarani, Kol-1. [Pan: Aabch9212M] Vs. Acit, Central Circle-3(1), Kolkata….……………………….....……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Appellant. Shri Sandip Sarkar, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2026 Date Of Pronouncing The Order : February 12, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Dated 08.09.25 & 28.08.2025 Of The Commissioner Of Income Tax (Exemption)-21, Kolkata [Hereinafter Referred To As ‘Cit(E)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Assessee & Facts Are Similar, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Relevant A.Y Declaring Nil Income. A Search & Seizure

Section 132Section 143(2)Section 147Section 148Section 250Section 56(2)Section 56(2)(x)Section 69Section 69A

quashed. He further submits that the company i.e. Happy Suppliers Pvt Ltd with PAN AABCH9212M had entered into a scheme of amalgamation with Rishi Securities & Finance Private Limited holding and the Scheme of amalgamation was approved by the Hon’ble National Company Law Tribunal, Kolkata Bench, vide order ... 40/KB/2023 connected with CA (CAA) 143/KB/2022 dated 26.07.2024 w.e.f. appointed date of amalgamation i.e. 01.04.2022. Hence, the order passed u/s 147 of the Act on 28.03.2025 for the A.Y 28.03.2025 and also for the assessment year 2021-22 dated 17.03.2025 is bad in law. The ld. AR further submits that

Bharatkumar Gadodia, Mumbai vs. ACIT Circle 31(1)(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 6362/MUM/2025[2014-15]Status: DisposedITAT Mumbai12 Feb 2026AY 2014-15

Bench: SHRI ANIKESH BANERJEE (Judicial Member), SHRI MAKARAND VASANT MAHADEOKAR (Accountant Member)

For Appellant: Shri Ajay R. Singh,Adv & Akshay Pawar, AdvFor Respondent: Shri Leyaqat Ali Aafaqui (Sr. Ar.)
Section 10(38)Section 143(3)Section 250

price, the Ld. AR has adequately explained that M/s KDJ had plans to invest in its proposed subsidiary, KDJ Hospital Ltd., and that an amalgamation took place between Two Up Financial Services Ltd. and KDJ pursuant to the order of the Hon’ble Bombay High Court. This amalgamation was carried

Deputy Commissioner of Income Tax, Circle 4(2), New Delhi, I.P.Estate vs. Beacon Higher Education Services Private Limited, Vasant Kunj, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 2574/DEL/2024[2017-18]Status: DisposedITAT Delhi11 Feb 2026AY 2017-18

Bench: Shri Vimal Kumar, Hon’Ble & Mrs. Renu Jauhri, Hon’Ble

For Appellant: Shri Y K Kapur, AdvocateFor Respondent: Shri Jitender Singh, CIT DR
Section 143(3)Section 2Section 250Section 32Section 72A

predecessor in the same issue. 4. The Ld. CIT(A) has grossly erred confirming to disallow the brought forward accumulated losses of Amalgamating Company aggregating of Rs 618,27,952/- which was not claimed by the assesse u/s 72A of the Act, on the ground that section ... long term capital loss of Rs. 21,06,14,092/- was filed for A.Y. 2016-17 on 17.06.2016. Subsequently, on account of amalgamation order dated 31.03.2017, passed by the NCLT, approving merger with its 100% subsidiary company, a revised return was filed. The case was selected for scrutiny and assessment

Beacon Higher Education Services Pvt Ltd, New Delhi vs. ACIT Circle-4(2), New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 1867/DEL/2020[2016-17]Status: DisposedITAT Delhi11 Feb 2026AY 2016-17

Bench: Shri Vimal Kumar, Hon’Ble & Mrs. Renu Jauhri, Hon’Ble

For Appellant: Shri Y K Kapur, AdvocateFor Respondent: Shri Jitender Singh, CIT DR
Section 143(3)Section 2Section 250Section 32Section 72A

predecessor in the same issue. 4. The Ld. CIT(A) has grossly erred confirming to disallow the brought forward accumulated losses of Amalgamating Company aggregating of Rs 618,27,952/- which was not claimed by the assesse u/s 72A of the Act, on the ground that section ... long term capital loss of Rs. 21,06,14,092/- was filed for A.Y. 2016-17 on 17.06.2016. Subsequently, on account of amalgamation order dated 31.03.2017, passed by the NCLT, approving merger with its 100% subsidiary company, a revised return was filed. The case was selected for scrutiny and assessment

Brajbhumi Nirmaan Private Limited, Salt Lake vs. ITO, Ward 2(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2605/KOL/2025[2015-2016]Status: DisposedITAT Kolkata10 Feb 2026AY 2015-2016

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri Akkal Dudhwewala, ARFor Respondent: Shri Madanappa Raghuveer, DR
Section 133(6)Section 143(2)Section 56(2)(viib)

placed in the paper book shows that, the assessee through its subsidiaries had acquired 104.79 acres of land and subsequently the assessee had sought amalgamation of the land parcels and prepared a term sheet plan titled ‘Mayavan’. It is observed that, the project plan was sanctioned by the local authorities