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2023 (7) TMI 668 - AT - Income TaxRevision u/s 263 - Validity of Assessment Order u/s 143(3) as notice issued in the name of the amalgamating company - as per CIT AO has not conducted any inquiry regarding taxability of the capital gain and hence, the assessment is erroneous and also prejudicial to the interest of revenue - HELD THAT:- As assessee has brought to the notice of the Assessing Officer the real fact that the assessment which the Assessing Officer finalized is of the existing company i.e. Vodafone Idea Limited. In our considered view, the fact that the Aditya Birla, erstwhile name, is non-exist at the time of passing of the order by the Assessing Officer and Assessing Officer also aware of the fact of merger, therefore, the fact in the present appeal are exactly similar to the facts in the case of Pr.CIT v. Maruti Suzuki India Limited [2019 (7) TMI 1449 - SUPREME COURT] Thus we hold that the order passed u/s. 263 of the Act is equally bad in law considering the fact that we already held that the original assessment order passed u/s. 143(3) is bad in law and an order passed which is not proper and non-est, the same order cannot be the subject matter of the revision u/s. 263 of the Act. Respectfully following the decision of Westlife Development Ltd. [2016 (6) TMI 1208 - ITAT MUMBAI] we are inclined to quash the revision order passed u/s. 263 of the Act and accordingly, ground raised by the assessee
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