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2023 (2) TMI 1053 - AT - Income TaxAssessment u/s 144C - Validity of the draft assessment order passed in the name of the non-existing company - HELD THAT:- As in light of the decision of the Hon’ble Supreme Court in Maruti Suzuki India Ltd [2019 (7) TMI 1449 - SUPREME COURT] the draft assessment order passed in the name of the non-existing company cannot be said to be a valid draft assessment order and therefore is set aside. Further, respectfully following the decision of FedEx Express Transportation and Supply Chain Services (India) (P.) Ltd. [2019 (7) TMI 1554 - ITAT MUMBAI] all subsequent proceedings resulting from the invalid draft assessment order are also bad in law, void ab initio, and thus are ordered to be set aside. As a result, additional grounds raised by the assessee, are allowed.
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