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Assessment or Reassessment in the Name of an Amalgamating (Non-Existent) Company Is Void Ab Initio: Delhi High Court Applies Maruti Suzuki Doctrine in Nokia Solutions Case
Facts
of the CaseThe
batch of writ petitions, including those filed by M/s Nokia Solutions and
Networks India Pvt. Ltd. (successor of Nokia Siemens Networks India Pvt. Ltd.),
challenged assessment and reassessment pr...
Final Assessment Passed Without Mandatory Draft Assessment Order Under Section 144C Is Void: Delhi High Court in Microsoft India (R&D) Pvt. Ltd. & Batch Cases
Facts
of the CaseThe
present batch of writ petitions and appeals, including those filed by M/s
Microsoft India (R&D) Private Limited, challenged final assessment orders
passed by the jurisdictional Assessing Offi...
Vivad Se Vishwas Settlement Cannot Deny Set-Off and Carry Forward Already Allowed in Assessment: Delhi High Court in Fresh Pet Private Limited v. PCIT
Facts
of the CaseThe
petitioner, M/s Fresh Pet Private Limited, approached the Delhi High Court
challenging an order dated 30 September 2021 whereby the Designated Authority
rejected its request for rectification of ...
Assessment and Reassessment in the Name of a Non-Existent (Amalgamated) Company Is Void: Delhi High Court Reaffirms Maruti Suzuki Principle in Baba Lease & Investment Pvt. Ltd. Case
Facts
of the CaseM/s
Baba Lease & Investment Pvt. Ltd., along with several other petitioners
forming part of a batch of writ petitions, challenged assessment and
reassessment proceedings initiated by the Income T...
Reassessment Proceedings Against a Deceased Assessee Are Void Ab Initio: Delhi High Court Quashes Section 148A and 148 Notices Issued Post Death
Facts
of the CaseThe
petitioner, being the legal heir of Late Shri Vijay Shanker Goel, challenged
the validity of reassessment proceedings initiated for Assessment Year 2015–16.
The original return of income was fi...
Final Assessment Orders Passed Without Draft Assessment Order Are Void: Delhi High Court Reaffirms Mandatory Compliance with Section 144C – Microsoft India (R&D) Pvt. Ltd. v. DCIT and Connected Cases
Facts of the
CaseThe writ petitions were filed by Microsoft India
(R&D) Pvt. Ltd., challenging multiple final assessment orders passed by
the Jurisdictional Assessing Officer pursuant to remand directions issued b...
Reassessment Proceedings Against a Non-Existent Entity Are Void: Delhi High Court Applies Maruti Suzuki Principle in Madhu Viniyog Pvt. Ltd. v. DCIT (2024)
Facts
of the CaseMadhu
Viniyog Private Limited, the petitioner, was the resultant entity pursuant
to a scheme of amalgamation, under which Marigold Nirman Private Limited
merged into the petitioner company. The schem...
Failure to Verify Sale Consideration Renders Assessment Erroneous: Delhi High Court Upholds Section 263 Revision in M.R. Apparels Pvt. Ltd. v. PCIT-6 (2024)
Facts
of the CaseM.R.
Apparels Private Limited, the appellant-assessee, sold an immovable property
during the Financial Year 2014-15 for a total consideration of ₹6.50
crore. A sale deed was executed on 17.03.2015,...
Assessment Proceedings Against a Non-Existent Entity Are Void Ab Initio: Acropolis Realty Pvt. Ltd. vs Income Tax Officer (Delhi High Court)
Facts
of the CaseThe
petitioner, Acropolis Realty Pvt. Ltd., had undergone a corporate
restructuring pursuant to a duly sanctioned scheme of amalgamation. As a
consequence of the approved scheme, the amalgamating ent...
Assessment and Reassessment in the Name of a Non-Existent Amalgamating Company Held Void: Delhi High Court Reaffirms Maruti Suzuki Principle in Lecoanet Hemant India Pvt. Ltd. v. PCIT-4 (2024)
Facts
of the CaseLecoanet
Hemant India Pvt. Ltd. is the successor/transferee company pursuant to a duly
sanctioned Scheme of Amalgamation, under which IP Support Services
(India) Pvt. Ltd. stood amalgamated and disso...