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2016 (10) TMI 1148 - AT - Income TaxRevision u/s 263 of a non-existent company - Held that:- We find that pursuant to scheme of merger approved by Hon’ble Bombay High Court the assessment order should not have been passed in the name of the company which has ceased to exist w.e.f. 17/04/2013. We also find that the Principal CIT himself was of the opinion that the assessment order issued in the name of EMML was not the correct status in whose name the assessment order was required to be passed after the merger of the assessee company i.e. EMML ceased to exist form 17.04.2013 by the time assessment order was passed in case of EMML i.e. 29.10.2013. In the given facts, we are of the view that the assessment order passed by ITO, Ward- 5(3)(1) dated 29/10/201 in the name of EMML is bad-in-law. The consequence of an order which is bad-in-law is that the order is not something that is not good legally, in other words, it is illegal, invalid from outset and ab-initio void. In other words, the said order does not exist. The fact that the assessment order dated 29-10-2013 passed by the AO in the name of EMML is no order at all in law, the question of revision u/s 263 of the Act of that order which is non-existent is not permitted. We find that Section 263 of the Act permits the CIT to pass an order enhancing or modifying the assessment or cancelling the assessment and directing fresh assessment. These required an order to be in existence albeit illegal order is an order not in existence and therefore is not an order at all and cannot be revised, because under Civil Procedure Code an order against a dead person is a nullity. Accordingly, we quash the revision order passed by the Principal CIT u/s 263 of the Act on jurisdictional issue itself.
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