Assessment Order Passed in Name of Amalgamated company i.e. Non-Existent Entity is Void-ab-Initio

Siemens Limited Vs DCIT (ITAT Mumbai)

The issue under consideration is whether the Assessment Order against non-existent entities will be considered as valid in law?

ITAT states that,neither the issuance of the notice u/s 143(2) to the amalgamating company i.e a non-existent entity be construed as a notice issued to the amalgamated company, nor the same be validated by bringing it within the realm of a procedural irregularity within the meaning of Sec. 292B of the Act. ITA

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