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2022 (9) TMI 723 - HC - Income TaxAssessment order in the hands of the amalgamated Company - Validity of Proceeding against a non-existing company - HELD THAT:- As information about amalgamation was brought to the notice of the AO by communication and it has been acknowledged - The draft order has been passed by the Assessing Officer 11 months after the intimation. The amalgamated Company has filed objection before the DRP. The ITAT allowing the appeal in part has directed to frame the assessment order in the name of amalgamated company. Thus, the fact remains that despite being brought to the notice, the Assessing Officer has passed the order in the name of amalgamating Company. In Maruti Suzuki India Ltd. [2019 (7) TMI 1449 - SUPREME COURT] it is held that there is a value which the Court must abide by in promoting the interest of certainty in the tax litigation. We may record that the decision in M/s Spice Enfotainment Ltd. [2017 (12) TMI 754 - SC ORDER] has been upheld dismissing the Civil Appeal filed by CIT. Similarly, the order passed by this Court in Intel Technology India (P) Ltd.[2015 (5) TMI 614 - KARNATAKA HIGH COURT] was also challenged before the Hon'ble Apex Court and the same has also been dismissed [2017 (12) TMI 754 - SC ORDER] - Decided in favour of assessee.
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