2016 (6) TMI 1208 - ITAT MUMBAI

Revision u/s 263 - assessment against non-existing entity - Held that:- An invalid order cannot give birth to legally valid proceedings.

We find that in this case, the original assessment order passed under section 143(3) dated October 24, 2013, was null and void in the eyes of law as the same was passed upon a non-existing entity and, therefore, the learned Commissioner of Income-tax could not have assumed jurisdiction under the law to make revision of a non est order and, therefore, the impugned order passed under section 263 by the learned Commissioner of Income-tax is also nullity in the eyes of law and, therefore, the same is hereby quashed. - Decided in favour of assessee.