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2013 (12) TMI 1103 - AT - Income TaxAssessment of amalgamated company – Valid or not – Held that:- Following Micra India Pvt.Ltd [2013 (11) TMI 679 - ITAT DELHI] - On amalgamation, the company seizes to exist in the eyes of the law - Assessment upon a dissolved company is impermissible as there is no provisions in Income Tax Act to make an assessment thereupon - The assessment on a company which has been dissolved by amalgamation u/s 391 and 394 of the Companies Act, 1956 is invalid – Following Spice Entertainment Ltd. Vs. CIT [2011 (8) TMI 544 - DELHI HIGH COURT] - Once it is found that assessment is framed in the name of non-existing entity, it does not remain a procedural irregularity of the nature which could be cured by invoking the provisions of Section 292B of the Act. - Provisions of Section 292B of the Act are not applicable in such a case. - The framing of assessment against a non-existing entity/person is not a procedural irregularity but a jurisdictional defect as there cannot be any assessment against a dead person – Decided against Revenue.
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