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2024 (1) TMI 263 - AT - Income TaxValidity of reopening of assessment - notices in the name of non-existing/dissolved entity - dissolution of partnership firm and discontinuation of business - HELD THAT:- Hon'ble Gujarat High Court in the case of Adani Estate Management (P) Ltd [2023 (6) TMI 1039 - GUJARAT HIGH COURT] held that where an assessee company was amalgamated and same was intimated to the Assessing Officer, reopening notice issued in the name of erstwhile company which was amalgamated with assessee company was to be quashed. Hon'ble Supreme Court in the case of PCIT Vs Maruti Suzuki India Ltd [2019 (7) TMI 1449 - SUPREME COURT] also held that where an assessee company was amalgamated with another company and thereby loss its existence, the assessment order passed subsequently in the name of same non-existent entity would without jurisdiction and was to be set aside. Keeping in view the fact that the assessee has intimated the AO at the earliest possible opportunity about the dissolution of assessee firm, the AO still issued notices in the name of non-existing entity and passed the order against such entity, therefore, assessment order is without jurisdiction and liable to be set aside and quash the same. Decided in favour of asseessee.
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