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Issuance of assessment notices and an assessment order in the name of a non-existent entity for a postamalgamation year was held to be a substantive illegality rather than a curable procedural defect under Section 292B; the assessing officer should have identified the correct taxpayer for the assessment year. The court declined the revenue's plea to cure the defect under Section 292B, relying on precedent, and set aside the assessment founded on notices issued to the ceased entity. Decision pronounced in favour of the assessee.
Issuance of assessment notices and an assessment order in the name of a non-existent entity for a postamalgamation year was held to be a substantive illegality rather than a curable procedural defect under Section 292B; the assessing officer should have identified the correct taxpayer for the assessment year. The court declined the revenue's plea to cure the defect under Section 292B, relying on precedent, and set aside the assessment founded on notices issued to the ceased entity. Decision pronounced in favour of the assessee.
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