Allowing the appeal of the assessee the Tribunal held that ;assessment in name of Company not in existence having amalgamated with another is liable to be cancelled as nullity being  bad in law. The Assessing Officer was at liberty to have alternative recourse and such a course of action could be taken by the Assessing Officer only if it was still permissible in terms of law and had not become time barred. (AY.208 -09)