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
applicable in such a case. The
framing of assessment against a nonexistent
entity/person goes to the root of the matter
which
impugned notice has been issued in respect of a non existing entity as M/s. Addler
Security Systems Pvt. Ltd., which stands dissolved, having been ... Consequently, the
assessment has been framed also in respect of the nonexisting entity. This defect
in issuing a reopening notice to a non-existing company
such, the question of
deducting tax at source to such nonexistent entity simply does not arise.
Even otherwise, there arises no TDS liability
assessment in the name of M/s Spice which was
nonexisting entity on that day. In such proceedings and
assessment order passed in the name ... provisions of Section 292B. The
framing of assessment against a nonexisting
entity/person goes to the root of the matter which is not
a procedural
nonexistent company and directed the Assessing Officer to bring the
amount to tax in the hands of the appropriate entity. The relevant
observation ... issue and has held that the
framing of assessment against the nonexistent entity / person goes to
the root of the matter which
name of M/s. Key Stone Stock
Fin Pvt. Ltd. a nonexistent entity without considering the facts
and circumstances of the case.
4. The facts ... submitted that even though the entity is merged with another
entity but the same does not become nonexistent as the same
entity is converted into
lost its existence, assessment order passed subsequently in name
of said nonexistent entity would be without jurisdiction and deserved to
be set aside.
14. Further
remotely suggest, that the share application
money was received from independent legal
entities. The survey revealed that some of the
investor companies were non-existent ... Ispat Sheet
Ltd. and Novelty Traders Ltd., were found to be
nonexistent at the address provided.
The genuineness of the transaction was found
assessment is framed in the name of deceased or an entity
which is not in existence, by the AO who has knowledge of
this facts ... authority for
the proposition that completion of assessment in
respect of a nonexistent company , due to the
amalgamation order, would render assessment in the
name