Section 263 Order on Non-Existent Entity is unsustainable

Durja Vinimay Pvt. Ltd. Vs PCIT (ITAT Kolkata) The issue under consideration is whether Passing of revisionery order against amalgamating company which was not in existence on the date of order is justified in law? In the present case, the impugned revisional order(s) u/s. 263 of the Act has been passed by the ld. Pr. CIT against the aforesaid captioned assessee’s who are not existing in the eyes of law. Moreover, notice informing proposed action of revision u/s. 263 of the Act was issued to them after they/assessee’s had already amalgamated with different legal entities as per NCLT order....