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Main grievances of the assessee’s/ corporate legal entities are that the impugned revisional order passed under section 263 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) by the ld. Pr.CIT, Kolkata against them arenon estin the eye of law, since they were not existing in the eyes of law by virtue of being merged with other legal entities as per the Hon’ble National company Law Tribunal (in short hereinafter “NCLT”) order.

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Section 263 of the Income Tax Act, 1961 — Revision — When the Department was aware of dissolution of the assessee, it was incumbent upon the Principal Commissioner to take notice of this fact and substitute the successor company while passing the order after giving opportunity of hearing to the amalgamated company as envisaged under section 263, since, this had not been done by the Principal Commissioner. the order against the non existing entities, which ceased to exist on the date of order was void—Durja Vinimay P. ltd. vs. Principal Commissioner of income tax [2019] 76 ITR (trib) 402 (Kolkata)    

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