Siemens Ltd. v. DCIT (2023) 199 ITD 470 (Mum) (Trib.)

S. 144C : Reference to dispute resolution panel-Order in the name of amalgamating company-Non existent entity-Assessment proceedings based on an invalid draft assessment order were void ab initio and quashed. [S. 143(3)]

Held that  draft assessment order under section 144C was passed in name of amalgamating company, which was a non-existent entity in eyes of law on date of passing of such order, it became an illegal order and thus, entire assessment proceedings based on such an invalid draft assessment order is  void ab initio and quashed. (AY. 2011-12)