In Brief
This case concerns whether an assessment order passed in the name of an amalgamating company (Mahagun Realtors), which ceased to exist upon amalgamation with another company (Mahagun India), is void. The Supreme Court held that corporate death upon amalgamation does not automatically invalidate an assessment order; this depends on the amalgamation terms and facts. Here, the assessee consistently represented itself as the original company in all proceedings, filed returns under its name, and never formally disclosed the amalgamation for the relevant year. The Court found the assessment order was substantially directed at the transferee company, and the assessee's conduct throughout demonstrated it held itself out as the continuing entity. The appeal was allowed and the matter remitted to the tribunal to hear merits of the substantive appeal.
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