2021 (9) TMI 1501

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... expressed by ITAT that framing of assessment against non existing entity would go to the root of matter and was a jurisdictional defect. The assessment proceedings against non existing company was illegal and any order passed therein was without jurisdiction and null and void as held by this court in the matter of Alok Knit Exports Ltd. [ 2021 (8) TMI 777 - BOMBAY HIGH COURT ] ITAT has not comm .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... assed an order of assessment order, admittedly, against non existing entity. Against that order, CIT exercising his powers under Section 263 of the Act set aside the order of the Assessing Officer and remanded the matter back for a denovo consideration. The Assessing Officer had also not considered certain points regarding valuation of shares and payments for those shares. The assessee-respondent .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g entity would go to the root of matter and was a jurisdictional defect. The assessment proceedings against non existing company was illegal and any order passed therein was without jurisdiction and null and void as held by this court in the matter of Alok Knit Exports Ltd. Vs. The Deputy Commissioner of Income Tax Circle 6(1)(1) Anr. [2021 SCC Online Bom 1851] 4 In our view, the ITAT has not .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X