Held that TPO passed the order u/s. 92CA(3) proposing transfer pricing adjustment in the name of a non existent entity and based thereon the AO proposed the draft assessment order. The assessee raised the objections before the DRP with the name and address with PAN, but not considered at all. The assessment order having been passed in the name of a non existent entity, it is invalid and liable to be quashed. Being jurisdictional error, not protected u/s 292B of the Act. (AY. 2016-17)
Honda Cars India Ltd. (A successor in interest of Honda Motor India Pvt. Ltd.) v. DCIT (2022) 64 CCH 371 / 216 TTJ 946 / 212 DTR 284 (Delhi)(Trib.)
S. 143(3) : Assessment-Non existing company-amalgamation-The assessment order having been passed in the name of a non existent entity, it is invalid and quashed-Being jurisdictional error, not protected u/s. 292B of the Act. [S. 92CA(3), 144C, 292B]