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2014 (9) TMI 1226 - HC - Income TaxRevisional order passed on a non existent company - Company amalgamated with other company - HELD THAT:- Hon'ble Delhi High Court in the case of Spice Infotainment Ltd. [2011 (8) TMI 544 - DELHI HIGH COURT] wherein it is held that assessment in the name of the company which has been amalgamated with another company and stands dissolved is null and void; assessment framed in the name of a non- existing entity is a jurisdictional defect and not merely a procedural irregularity of the nature which can be cured by invoking the provisions of s.292B. In the present case also the amalgamation took place vide the order of the Hon'ble Calcutta High Court dated 17.04.2008 w.e.f. 01.04.2007 and this Company Aarcee Holdings Pvt. Ltd. has amalgamated with Padmavati Properties & Trust Ltd. and no revision order can be passed on a non-existent company. Hence, the very premise of the revenue that revision order passed on a non existent company does not stand. Also see IK. AGENCIES PVT. LTD. VERSUS COMMISSIONER OF WEALTH TAX, KOL-III [2011 (3) TMI 690 - CALCUTTA HIGH COURT] Since, we find that the issue is a question of fact and/or a technical question, and not a substantial question of law, the application and the appeal are dismissed.
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