Sec. 263 of Income Tax Act, 1961 – Revision – The assessee company filed its return of income on 15.9.2012 declaring total income at Rs. 8270/-. The case of the assessee was selected for scrutiny assessment and the AO passed assessment order under section 143(3) on 31.3.2015 and determined taxable income of the assessee at Rs. 15,51,08,270/-. The Pr. Commissioner exercising power under section 263 of the Act set aside the assessment order. The AO passed fresh scrutiny assessment order under section 143(3) r.w. section 263 determining taxable income at Rs. 8,270/-. He accepted the declared income. Commissioner again set aside the assessment order with a direction to frame assessment order de novo. ITAT allowed the appeal of the assessee holding that:– without going into other issues, we are of the view that notice under section 263 was issued upon a non-existent entity. It is not sustainable. Therefore, no proceeding could be assumed in legal sense and same is not sustainable. Consequently, order passed under section 263 of the income Tax Act against non-existent entity is treated as nullity and void ab inito — SNOWHILL AGENCIES P. LTD. [2020] 79 ITR (TRIB) 176 (ITAT-AHMEDABAD)