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2019 (11) TMI 368 - AT - Income TaxAssessment framed on a non-existent company - scheme of amalgamation conceived - HELD THAT:- Assessment per se has been framed by the ld. AO in the instant case in the hands of amalgamating company which had ceased to exist with effect from 01/10/2012 onwards pursuant to the scheme of merger approved by the Hon’ble Bombay High Court. We hold that no assessment could be framed on a non-existent entity. This issue is now well settled by the recent decision of Hon’ble Supreme Court in the case of PCIT vs. Maruti Suzuki India Ltd. [2019 (7) TMI 1449 - SUPREME COURT] AO was wrong in framing the assessment in the hands of the non-existent entity i.e Churu Trading Company Pvt. Ltd. and accordingly, the entire assessment framed thereon, had to be declared as null and void ab initio . - Decided in favour of assessee.
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