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2022 (9) TMI 1113 - AT - Income TaxValidity of assessment - notice against non-existing /Amalgamated entity - approval of scheme of amalgamation / merger - HELD THAT:- A.O. in the instant case had passed the assessment order in the name of Biocon Research Limited, even though sufficient intimation have been made to the A.O. about the merger of Biocon Research Limited with Biocon Biologics Limited during the course of assessment proceedings. The intimation in this regard is tabulated. A.O. was diligently informed about the amalgamation during the course of assessment proceedings and prior to the passing of the draft assessment order / final assessment order, hence, the ratio of the judgment in the case of Maruti Suzuki India Limited [2019 (7) TMI 1449 - SUPREME COURT] and Spice Infotainment [2011 (8) TMI 544 - DELHI HIGH COURT] continues to apply and the assessment order in the name of amalgamated company is treated as null and void. Appeal of assessee allowed.
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