Order passed against a non-existing company is liable to be quashed

Rathi Ceramics Pvt. Ltd. Vs ITO (ITAT Delhi)

ITAT Delhi held that the assessment order passed against a non-existing company is void ab initio and hence liable to be quashed.

Facts- Assessee mainly contended that assessment order is void ab initio as the same is passed against non-existing company. On the other hand, revenue contended that Hon’ble Supreme Court has upheld the validity of Assessment Order passed in the name of amalgamating company.

Conclusi

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