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2021 (2) TMI 1058 - HC - Income TaxAssessment order passed against a non-existent company - company being amalgamated - HELD THAT:- As per MARUTI SUZUKI INDIA LIMITED (SUCCESSOR OF SUZUKI POWERTRAIN INDIA LIMITED) case[2017 (9) TMI 387 - DELHI HIGH COURT] in case the assessment orders are framed in the name of a non-existent company it does not mean a procedural irregularity of the nature which could be cured by invoking the provisions of Section 292-B of the Income-tax Act. In the considered opinion of this Court, the legal proposition of law has already been crystallized and there could not have been any assessment order in respect of the respondent – company as it was not in existence (amalgamating company). A similar view has been taken by a Co-ordinate Bench of this Court in the case of Commissioner of Income-tax, Central Circle, Bangalore vs. Intel Technology India (P) Ltd. [2015 (5) TMI 614 - KARNATAKA HIGH COURT] As the legal position is abundantly clear in the light of the decisions referred to above, this Court has no hesitation in answering the questions framed in the negative i.e., in favour of the Assessee and against the Revenue.
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