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2023 (11) TMI 24 - AT - Income TaxAssessment order in the name of a non existing company - transfer pricing order u/s. 92CA(3) of the Act and the draft assessment order u/s. 143C(1) after company amalgamated - HELD THAT:- AO cannot pass the assessment order in the name of a non existing company despite the receipt of information of amalgamation from the assessee. The present case in hand pertains to the draft assessment order and the transfer pricing order passed in the name of the amalgamating company, we would like to place our reliance on the decision of FedEx Express Transporation and Supply Chain Services (India) Private Limited [2019 (7) TMI 1554 - ITAT MUMBAI] wherein on identical facts, the Tribunal has held that the transfer pricing order u/s. 92CA(3) of the Act and the draft assessment order u/s. 143C(1) of the Act passed in the name of the amalgamating company which was non existing on the date of the passing of such order was illegal and bad in law and the Tribunal in this case had quashed the entire assessment proceeding to be illegal. Thus assessment order though passed in the name of the amalgamated company is held to be invalid for the reason that the draft assessment order and the transfer pricing order passed by the A.O./TPO was in the name of the non existing company. Decided in favour of assessee.
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