Reassessment in name of amalgamating (non-existent) company invalid despite prior intimation of amalgamation to AO {Surya Medi Tech Ltd. vs. DCIT/ACIT [2026] 184 taxmann.com 93 (Delhi – Trib.)}
Facts:
- A company had amalgamated with another company under a scheme of amalgamation.
- After amalgamation, the amalgamating company ceased to exist.
- The fact of amalgamation was already informed to the Assessing Officer and also recorded with the Registrar of Companies before reassessment proceedings started.
- Despite this, the reassessment notice and subsequent orders were issued in the name of the amalgamating (non-existent) company.
Issue :
Whether reassessment proceedings issued in the name of a company that had already ceased to exist due to amalgamation are valid under Income-tax Act, 1961, particularly considering Section 170 of the Income-tax Act, 1961.
