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2015 (2) TMI 589 - DELHI HIGH COURT
Block assessment set aside - assessee had amalgamated with M/s Lakhanpal Infrastructure Pvt. Ltd. - whether the amalgamation of the original assessee corporate had rendered the assessment framed against it as void? - Held that:- The issue urged is no longer res integra. As stated earlier, Spice Entertainment (2011 (8) TMI 544 - DELHI HIGH COURT) is an authority for the proposition that completion of assessment in respect of a nonexistent company, due to the amalgamation order, would render assessment in the name and in respect of the original assessee company, a nullity.
Once it is found that assessment is framed in the name of non-existing entity, it does not remain a procedural irregularity of the nature which could be cured by invoking the provisions of Section 292B of the Act. The Court was further of the opinion that a jurisdictional defect such as nullity shakes the entire proceedings and does not render the order a mere irregularity. For this purpose the Court has relied upon CIT vs. Norton Motors [2004 (11) TMI 56 - PUNJAB AND HARYANA High Court ] - No substantial question of law arises - Decided against Revenue.