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2006 (2) TMI 596 - AT - Income TaxValidity of assessment order passed in the name of non-existing entity - curable defect within the meaning of section 292B - Rajashree Polyfils Ltd (RPL) has amalgamated with Century Enka Ltd. (“CEL”) at the time of assessment proceedings - HELD THAT:- In the instant case, we find that the return of income was filed in the name of RPL and intimation u/s 143(1) was also issued in the same name. During the course of assessment proceedings, though the assessee has written letter to various authorities, but, we do not find any communication, directly made to the Assessing Officer with regard to the amalgamation of this company though the assessee has joined the assessment proceedings. Since, nothing has been placed on record to prove that the Assessing Officer, despite having full knowledge about the fact of amalgamation of the assessee-company, has passed the assessment order in the name of the entity which is not in existence. In these circumstances, we are of the view that the order in the name of the non-existing entity was passed on account of ignorance of the fact of amalgamation. For this reason, the assessment cannot be held to be invalid and be knocked down. We, therefore, set aside the order of the CIT(A) and restore the matter to the file of the Assessing Officer to reframe the assessment de novo in terms indicated above. Since, no argument was raised on the merits and the entire assessment is set aside and the matter is restored to the file of the Assessing Officer for fresh assessment, we find no justification to deal with the issues on the merits. In the result, the appeal of the assessee is allowed for statistical purposes.
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