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Showing contexts for: nonexistent entity in Simens Healthcase Diagnostics Limited ... vs The Pr. Cit, Vadodara-2,, Vadodara on 3 April, 2024Matching Fragments
12. Once it is found that assessment is framed in the name of nonexisting entity, it does not remain a procedural irregularity of the nature which could be cured by invoking the provisions of Section 292B of the Act."
5. The fact before us is completely different from the judgment relied upon by the Hon'ble Apex Court in the case of Saraswati Industrial Syndicate vs. CIT, reported in [1990] 53 Taxman 92 (SC). The order itself was issued on the non-existing entity therein but in the case in hand before us the order has been issued clarifying the entire status of the appellant and the factor of amalgamation as it reflects from the cause title itself. We, thus, do not find any lacuna in the order issued by the Ld. PCIT on the issue of maintainability. Therefore, taking into consideration the entire aspect of the matter, we decline to accept the contention made by the Ld. AR. This argument on maintainability of the order impugned is found to be devoid of any merit and, thus, dismissed.