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2023 (5) TMI 254 - AT - Income TaxAssessment order u/s.143(3) r.w.s.144C(13) on a non-existing entity - assessment order in name of the amalgamating company - HELD THAT:- As seen that the return was filed by the assessee in the name of the amalgamating company as the scheme of amalgamation was not approved till then. As soon as the amalgamation got approved by the NCLT on 1.3.2017, the assessee intimated this fact to the AO on 11.4.2017 in the assessment proceedings for the A.Y. 2017-18 and on 27.10.2017 in the proceedings for the year under consideration. Even though the assessee, in its letters addressed to the AO/DRP, represented itself as LOAI (amalgamating company) now merged with LAIP (amalgamated company), but the factum of amalgamation was duly brought to the notice of the authorities. Despite that, the assessment order was passed thereafter on 10.11.2017 in the name of the `amalgamating company (formerly known as erstwhile name of the amalgamating company, namely, TAIP), rather than the amalgamated company or the amalgamated company (formerly known as amalgamating company). The AO ought to have correctly passed order in the name of 'LAIP' or 'LAIP (formerly known as LOAI)’. The assessment order, referring only to the name of the amalgamating company without any reference to the name of the amalgamated company, which was passed after due communication of the amalgamation, in our considered opinion, suffers from illegality and is incapable of countenance. We, therefore, hold that the facts of the case are governed by Maruti (SC) [2019 (7) TMI 1449 - SUPREME COURT] and the consequential assessment order is liable to be set-aside. Appeal allowed.
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