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2019 (11) TMI 1140 - AT - Income TaxValidity of Revision u/s 263 against the amalgamating companies which were not in existence on the date of the impugned order - HELD THAT:- The Hon’ble Supreme court in MARUTI SUZUKI INDIA LIMITED [2019 (7) TMI 1449 - SUPREME COURT] after taking note of the provisions of section 292B of the Act in para 31 held that “In this case, the notice under Section 143(2) under which jurisdiction was assumed by the assessing officer was issued to a non-existent company. The assessment order was issued against the amalgamating company. This is a substantive illegality and not a procedural violation of the nature adverted to in Section 292B.” Also see C.I.T NEW DELHI VERSUS M/S SPICE ENFOTAINMENT LTD. [2017 (12) TMI 754 - SC ORDER] We note that the impugned order passed under section 263 0f the Act by the Ld. Pr. CIT against the amalgamating companies which were not in existence on the date of the impugned order is a nullity and, therefore, we are inclined to quash all the impugned orders as shown in the captioned appeals. - Decided in favour of assessee
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