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As per the case facts, a company (MRPL) engaged in real estate development amalgamated with another company (MIPL). Before amalgamation, survey proceedings found discrepancies in MRPL's books, and later a
...search operation on the group revealed admissions of not reflecting true income. The revenue issued a notice to MRPL to file a Return of Income, which was quashed by the Income Tax Appellate Tribunal (ITAT) and affirmed by the Delhi High Court. The revenue appealed this decision. The question arose whether the assessment order against the amalgamated company was valid, especially considering its corporate death upon amalgamation. Finally, the Supreme Court held that the High Court's order could not be sustained. The Court stated that whether the corporate death of an entity upon amalgamation invalidates an assessment order depends on the terms of amalgamation and the facts of each case. The matter was restored to ITAT for a decision on the merits of the appeal, excluding the issue of the assessment order's nullity.
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