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2020 (4) TMI 121 - AT - Income TaxValidity of assessment - notice in the name of non-existent company as amalgamation seeked - HELD THAT:- In the instant case, the details of amalgamation were noticed by the revenue in the original assessment proceedings itself. Despite this fact, the assessing officer has chosen, in the instant case, to pass the impugned reassessment order in the name of M/s Herbertsons Ltd, which was a non-existent company on the date of passing of the assessment order. Hence, in view of the binding decisions rendered in the case of Intel Technology India (P) Ltd [2015 (5) TMI 614 - KARNATAKA HIGH COURT] and in the case of Maruti Suzuki India Ltd [2019 (7) TMI 1449 - SUPREME COURT] we hold that the impugned assessment order is null and void. Accordingly, the same is quashed. However, as observed by Hon'ble Karnataka High Court in paragraph 9 of its order in the case of Intel Technology India P Ltd, the revenue may proceed in accordance with the law and in terms of provisions of the Income tax Act in respect of return of income filed for the year under consideration. - Decided in favour of assessee.
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