NFAC should have considered the amended Form No.35 and the amalgamation facts brought on record, rather than dismissing the appeal outright: ITAT Delhi
In an interesting issue, ITAT, Delhi, regarding an appeal filed assessee against an order by the Commissioner of Income-tax (Appeals), NFAC, Delhi, which dismissed the case in limine because the original entity, had been amalgamated during the proceedings.
ITAT, found that NFAC should have considered the amended Form No.35 and the amalgamation facts brought on record, rather than dismissing the appeal outright. The tribunal referred to Supreme Court judgments to clarify that procedural adjustments should suffice when an entity is amalgamated during ongoing proceedings.
The copy of the order is as under:
