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2019 (7) TMI 1554 - AT - Income TaxAssessment 144C(5) - draft assessment order in the name of entity which is not in existence on the date of passing the order on account of merger with the Appellant - HELD THAT:- The expression ‘assessment’ can also mean the procedures laid down in the Act, if the context so requires; and, qua Sec. 170 of the Act, the word ‘assessment’ has to be understood as procedure laid down therein. Accordingly, under Section 170 of the Act, the Assessing Officer was required not only to complete, but also to conduct assessment (i.e. following the prescription of Sec. 144C of the Act in this case) in the hands of the successor in the like manner and to the same extent as it would have been done in the hands of the predecessor. Ostensibly, in the present case, the TPO as well as the Assessing Officer have failed to do so by passing the transfer pricing order under Section 92CA(3) of the Act and the draft assessment in the name of FEIPL, a non-existent entity and hence the argument of the ld. DR that the provisions of Section 170 of the Act have been complied is untenable. We hold that the entire assessment in the present case is vitiated in law and is hereby quashed. In the result, Ground of appeal no. 1 is allowed.
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