Principal Commissioner Of Income Tax Central 1 Kolkata v. M/S Square Four Housing And Infrastructure Development Private Limited

OD-12

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION [INCOME TAX] ORIGINAL SIDE ITAT/83/2025 IA NO: GA/2/2025 PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-1, KOLKATA VS M/s. SQUARE FOUR HOUSING & INFRASTRUCTURE DEVELOPMENT PRIVATE LIMITED BEFORE :

THE HON'BLE JUSTICE SOUMEN SEN, CHIEF JUSTICE (ACTING) -A N DHON'BLE JUSTICE APURBA SINHA RAY DATE : 17th September, 2025 Mr. Prithu Dudhoria, Adv.

...for appellant Mr. Sanjay Bhowmick, Adv.

...for respondent The Court : In view of the fact that the question involved in this appeal is squarely covered by the judgment of the Hon'ble Supreme Court in PCIT vs. Maruti Suzuki India Limited, reported in 416 ITR 613 (SC), in which it has been held that the assessment order in the name of non-existent entity has to be quashed and set aside as this is a substantive illegality and not procedural lapses of the nature as referred in Section 292B of the Income Tax Act. The

appeal is not admitted as in the instant case admittedly after amalgamation, proceedings was initiated against the non-existent entity. The appeal thus fails and is dismissed.

The stay application, IA NO: GA/2/2025, is also dismissed. (SOUMEN SEN, C.J. (ACTING)) (APURBA SINHA RAY, J.) SN.

AR[CR]