Introduction

The dispute arose after Suzuki Powertrain India Ltd. (SPIL) was amalgamated with Maruti Suzuki India Ltd. (MSIL) pursuant to a scheme of amalgamation approved by the High Court of Delhi with effect from 1 April 2012. Upon the scheme becoming effective, SPIL ceased to exist as a separate legal entity and all its assets, liabilities, rights, and obligations vested in MSIL.

The Income Tax Department was informed of the amalgamation during the assessment proceedings. Despite having full knowledge that SPIL had ceased to exist, the Assessing Officer continued the assessment proceedings and ultimately passed the assessment order under Section 143(3) read with Section 144C(13) in the name of the dissolved company, SPIL.