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2019 (12) TMI 751 - AT - Income TaxInitiation of re-assessment proceedings - HELD THAT:- More recently, the Hon’ble Supreme Court in Pr. CIT Vs. Maruti Suzuki India Ltd. [2019 (7) TMI 1449 - SUPREME COURT] has dealt with a similar situation in which notice was issued in the name of an amalgamating company. It was held that after amalgamation, the amalgamating company ceased to exist and thus the notice issued was rendered void ab-initio. Their Lordships further held that participation in the proceedings by the assessee cannot operate as estoppel against law. It is manifest that the facts and circumstances of the instant case are mutatis mutandis similar to those as considered by the Hon’ble Supreme Court and the Hon’ble Bombay High court in the aforenoted cases. Respectfully following precedent, it is held that the initiation of re-assessment proceedings and the proceedings following thereafter in the name of the deceased are void ab-initio. The assessment order is set-aside. Tribunal on the legal issue against the initiation of re-assessment proceedings, there is no need to dispose off the grounds on merits.
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