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TMI Blog2023 (6) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... ny - HELD THAT:- In light of the judgment of the Apex Court in the case of Maruti Suzuki India Ltd [ 2019 (7) TMI 1449 - SUPREME COURT] it is clear that notice and assessment order passed in the name of non-existing company is a substantive illegality and is an order passed without jurisdiction. Decided in favour of assessee. - WRIT PETITION NO. 9594 OF 2023 (T-IT) - - - Dated:- 1-6-2023 - H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioned the validity of the re-assessment proceedings as noticed above. It is to be noticed that Shankar Resources Pvt. Ltd., was Non-Banking Financial Company (NBFC) and merged subsequently into the petitioner company by an order of amalgamation of National Company Law Tribunal (NCLT) dated 18.06.2019 with the appointed dated being 01.04.2018. 4. It is submitted that respondent authorities issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Assessment Year 2019-20. 6. Various other contentions have been taken, on substantive grounds as regards the correctness of issuance of notice under Section 148A (b) which however need not be adverted to in light of the first contention relating to non-existence of M/s. Shankar Resources (P) Ltd., as noticed above. Only on the short ground that the reply not having been taken note of, ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (P) Ltd., find mention in the books of the petitioner. 9. In light of the judgment of the Apex Court in the case of Principal Commissioner of Income Tax, New Delhi v. Maruti Suzuki India Ltd. reported in (2019) 107 taxmann.com 375 (SC), it is clear that notice and assessment order passed in the name of non-existing company is a substantive illegality and is an order passed without jurisdic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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