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2014 (12) TMI 671 - AT - Income TaxValidity of issue of notice u/s 153C Assessment made on the merging companies Company has already become non-existent on account of its merger with other company Whether the issue of notice u/s 153C in the name of M/s P.D. Associates Pvt. Ltd. is a valid notice - Held that:- The erstwhile director of M/s P.D. Associates Pvt. Ltd. promptly informed the AO about the amalgamation of PDA with ARI, enclosed the copy of amalgamation order and also requested for issue of notice in the name of the successor company - the AO did not issue any notice in the name of M/s A.R. Infracon Pvt. Ltd. and completed the assessment in the name of the assessee, of course, after mentioning the factum of merger with A.R. Infracon Pvt. Ltd. - Following the decision in SPICE ENTERTAINMENT LTD. Versus CIT [2011 (8) TMI 544 - DELHI HIGH COURT] - notice u/s 143(2) was sent to the company which was not in existence on the date of issue of the notice - The amalgamated company appeared and brought this fact to the knowledge of the AO the AO did not substitute the name of the amalgamating company - AO issued notice us/ 153C in the name of M/s P.D. Associates Pvt. Ltd. which was not in existence on that day after its amalgamation with M/s A.R. Infracon Pvt. Ltd. - no contrary decision is brought to our knowledge - the issue of notice u/s 153C in the name of M/s P.D. Associates Pvt. Ltd. which was not in existence at the relevant time was void ab-initio and nullity - Since the notice issued u/s 153C is held to be void ab-initio and nullity, the assessment order completed in pursuance to such notice cannot be sustained Decided in favour of assessee.
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