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2020 (1) TMI 13 - AT - Income TaxAssessment framed on a non-existing entity - Scheme of merger undertaken - HELD THAT:- Even after the ld. DRP taking into account the fact of merger and passing order by giving directions to the ld. AO in the name of the merged entity i.e. Atos India Pvt. Ltd, the ld. AO continued to frame the final assessment order in the name of erstwhile amalgamating company. Hence, it could be safely concluded that the ld. AO had passed draft assessment order as well as the final assessment order in the name of non-existent entity despite having due intimation of the fact of merger duly approved by the Hon’ble Bombay High Court vide order dated 21/12/2012. The law is now very well settled that assessment framed on an non-existent entity deserves to be declared as void ab initio by the recent decision of the Hon’ble Supreme Court in the case of PCIT vs. Maruthi Suzuki India Ltd. [2019 (7) TMI 1449 - SUPREME COURT] wherein it was held that where during pendency of assessment proceedings, assessee company was amalgamated with another company and thereby lost its existence, the assessment order passed subsequently in the name of said non-existent entity, would be without jurisdiction and was to be set aside. We hold that the assessment order framed by the ld. AO in the instant case deserves to be quashed as the same is without jurisdiction, being framed on a non-existent entity. Accordingly, the additional ground raised by the assessee is allowed.
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