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2022 (4) TMI 88 - ITAT KOLKATARevision u/s 263 by CIT - proceedings initiated u/s 263 in the name of non-existent company - HELD THAT:- Jurisdiction assumed by ld PCIT by issuing show cause notice u/s 263 of the Act dated 08.09.2021 in the name of non-existent entity suffers from the substantive illegality and consequently the revisionary proceedings as well as order passed u/s 263 of the Act will not survive and have to be set aside as the very initiation of proceedings is invalid and nullity in the eyes of law. Maruti Suzuki India Limited [2019 (7) TMI 1449 - SUPREME COURT] wherein it has been held that the jurisdictional notice issued in the name of non-existent company and consequent assessment order are to be set aside as the issue of jurisdictional notice on non entity is a substantive illegality and not procedural irregularity of the nature as referred to in section 292B - mere fact that the assessee has participated in the proceedings before the AO will not cure this substantive illegality and the mere participation of the assessee in the assessment proceedings cannot debar the assessee from challenging the proceedings on this ground as there is no estoppel against law. Also in the case of BASF Ltd [2019 (11) TMI 1719 - ITAT MUMBAI] wherein it has been held that that assessment in the name of non-existent entity is invalid and has to be quashed - Decided in favour of assessee.
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