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2022 (6) TMI 1279 - ITAT KOLKATAValidity of assessment order passed in the name of non-existent entity - merger - amalgamated company - whether the assessment framed in the name of a non-existent company is valid or suffers from the vice of illegality or this is just a curable procedural mistake on the part of the AO as per sec 292B - HELD THAT:- The assessment order in the name of non-existent company suffers from the substantive illegality and is invalid in the eyes of law. The case of the assessee is squarely covered by the decision of Hon’ble Supreme Court in the case of PCIT vs Maruti Suzuki India Limited [2019 (7) TMI 1449 - SUPREME COURT] wherein it has been held that the assessment order in the name of non existent entity is to be set aside as this 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 as 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 and the tribunal has followed the decisions of the Hon’ble Apex court in the case of PCIT vs Maruti Suzuki India Limited [2019 (7) TMI 1449 - SUPREME COURT] and CIT Vs Spice Infotainment Ltd. [2011 (8) TMI 544 - DELHI HIGH COURT] - Decided in favour of assessee.
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