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2018 (5) TMI 2104 - AT - Income TaxAssessee in default u/s 201(1) - Assessment in the name of a non-existing company - assessee argued assessment order was passed in the name of a non-existing company i.e Vodafone South Ltd. as merged with Vodafone Mobile Services Ltd. - HELD THAT:- We find that the assessee “Vodafone South Ltd.,” had merged with “Vodafone Mobile Service Ltd.,” and had intimated to the relevant A.O and CIT(A) about the said merger. We find that the A.O had issued the notice in the correct name, but while passing the assessment order, he has mentioned the earlier name of the assessee. Hon’ble Supreme Court in a recent case of Skylight Hospitality LLP [2018 (4) TMI 529 - SC ORDER] has held that the wrong name given in the notice was merely a clerical error which could be corrected u/s 292B of the IT Act. In fact, the A.O has passed a corrigendum dated 22.01.2018, correcting the name of the assessee and therefore, there is no infirmity in the assessment order. In view of the same, the additional grounds of appeal raised by the assessee is rejected. TDS u/s 194C - Liability to deduct tax at source on discount extended to its pre-paid distributors on distribution of pre-paid services - Since the issues are covered in favour of Revenue in the assessee’s own case by the decisions of the jurisdictional High Court, we are bound to follow the jurisdictional High Court and therefore the grounds are rejected and the orders of the A.O and CIT(A) on this issue are confirmed. Accordingly, assessee’s appeals are dismissed.
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