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2020 (12) TMI 1072 - AT - Income TaxAssessment order passed on non-existent entity - Scheme of amalgamation conceived - HELD THAT:- As discussed and has also been held by Hon’ble Delhi High Court in case of Spice Entertainment [2011 (8) TMI 544 - DELHI HIGH COURT] and in the case of Maruti Suzuki [2019 (7) TMI 1449 - SUPREME COURT] framing the transfer pricing order on the basis of which draft assessment order has been passed in the name of amalgamating entity is not a curable defect and the assessment framed is bad in law. So, the contention raised by the Ld. DR is not sustainable. Thus assessment order framed in this case on the basis of TP order passed by the TPO is bad in law, hence, non-est and consequently hereby quashed.
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