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2020 (11) TMI 116 - AT - Income TaxAssessment framed in the name of non-existing entity - scheme of amalgamation conceived - DR submitted that notice u/s 143(2) was validly served on the amalgamating company - HELD THAT:- The amalgamating company i.e. Genpact India was not in existence at the time of conducting assessment proceedings as well as on the date of passing Assessment Order. 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. Thus, in light of the decision of the Maruti Suzuki [2019 (7) TMI 1449 - SUPREME COURT] is relevant in the present case as well and hence additional ground is allowed. Hence, the Assessment order itself is void ab initio. Therefore, assessment order is set aside. - Decided in favour of assessee.
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