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2023 (5) TMI 368 - HC - Income TaxValidity of assessment order u/s 143 (3) read with 144B - notices were issued in the name of a non-existent company - scheme of amalgamation approved - HELD THAT:- The factum of knowledge of amalgamation is not disputed by the Respondents’ Counsel Mr. Sharma nor is there any denial of information with regard to the amalgamation being received in the Affidavit in Reply dated 28th March 2023 filed by the Jurisdictional Assessment Officer. This Court in the case of CLSA India Private Limited vs DCIT-4(1)(1) [2023 (2) TMI 469 - BOMBAY HIGH COURT] has held that an active PAN of a non-existent company cannot create an exception in favour of the revenue to dilute in any manner the principles enunciated by the following judgments Saraswati Industrial Syndicate Ltd. [1990 (9) TMI 1 - SUPREME COURT], Spice Entertainment Ltd. [2011 (8) TMI 544 - DELHI HIGH COURT] and Maruti Suzuki India Ltd. [2019 (7) TMI 1449 - Supreme Cour] Considering the facts of the present case on the touchstone of the aforestated well settled propositions of law therefore, the Order of assessment u/s 143(3) dated 28th September 2022 and consequential notices u/s 156, 270A, 271AAC(1) issued in the name of a non-existent entity are void.
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