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TMI Blog2019 (4) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... ogether and are disposed of by this common order for the sake of convenience. 3. The common grievance in both these appeals relate to the deletion of the addition made by the Assessing Officer while framing the Assessing order u/s 143 (3) r/w 147 of the Act. 4. Vide application dated 13.12.2014 the assessee filed an application under Rule 27 and the same read as under :- "In the above noted appeal which is filed by the Revenue, the Respondent desires to support the order of the CIT(A) as per the provisions of Rule 27 of Appellate Tribunal Rules 1963 by way of following grounds which were also taken before the CIT(A):- 1. That the notice issued U/s 148 r.w.s. 147 issued by the Assessing Officer is illegal, bad in law and without jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7/148. Accordingly, the appellant pleads that the assessment proceedings against the non-existent entity are invalid and the order of the learned AO is void for lack of jurisdiction." And the FAA decided the same as under :- I have gone through the facts of the case, contents of the assessment order and written submission of the assessee. The fact of merger of KNG with TAIL was never brought to the knowledge of the Assessing Officer, prior to issue of notice u/s 148. This fact was brought to notice during reassessment proceedings as KNG was merged with TAIL w.e.f. 01.04.2007. But the proceedings initiated are for the period 01.04.2007. But the proceedings initiated are for the period 01.04.2003 to 31.3.2004 and not for the year star ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. Once it was 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 292 B of the Act. Section 292 B of the Act reads as under :- "292 B. No return of income assessment, notice, summons or other proceedings furnished or made or issue or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid or shall be deemed to be invalid merely by reasons of any mistake, notice, summons or other proceeding if such return of income, assessment notice, summons or other proceedings is in substance and effect in conformity with or according to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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