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2015 (9) TMI 235 - HC - Income TaxValidity of assessment u/s 153A framed on a non-existent entity - ITAT referring to the decision of CIT v. Vived Marketing Services Pvt. Ltd. (2009 (9) TMI 917 - Delhi high court) which held that an assessment could not be validly framed on a non-existent entity - Held that:- Recently this Court in CIT v. Images Credit and Portfolio Pvt. Ltd (2015 (9) TMI 234 - DELHI HIGH COURT) held that proceedings under Section 153C could not be initiated against an entity that had ceased to exist at the relevant time. Similarly in Spice Enfotainment Ltd. v. CIT (2011 (8) TMI 544 - DELHI HIGH COURT) it was held by this Court that the defect of passing an assessment order in respect of an entity that had ceased to exist on the date of such order, could not be treated as a mere procedural defect. The mere fact that the Respondent communicated to the AO, prior to the Assessment order and subsequent notice, in its name without disclosing the fact of amalgamation with OPPL, will not cure the fundamental defect of the assessment having been framed against an entity that had ceased to exist in the eye of law. - Thus the impugned common order of the ITAT does not call for interference - Decided against revenue.
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