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. ITAT are of a strong conviction that non-issuance of a notice u/s 143(2) to the amalgamated company, which forms the very foun...