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2017 (1) TMI 990 - DELHI HIGH COURTValidity of reopening of assessment - notice issued to non-existent entity - Held that:- In the present case, the Court notices that the impugned notice was issued against a non-existent entity i.e. M/s. Rishi Promoters which had ceased to exist by virtue of order of this Court dated 20.02.2013. The date of its amalgamation was in fact earlier. Apparently, the respondent-revenue was aware of this and despite that it proceeded to issue the impugned notice. The judgment in Spice Entertainment (2011 (8) TMI 544 - DELHI HIGH COURT ) and Dimension Apparels (P) Limited (2014 (11) TMI 181 - DELHI HIGH COURT ), though rendered after the final assessment was completed, are clear that such notice and proceedings emanating from it are unsustainable. Rustagi Engineering Udyog (P) Ltd. (2016 (3) TMI 31 - DELHI HIGH COURT ) takes the logic further and holds that notice issued under section 147 of the Act in respect of an entity which ceases to exist by virtue of amalgamation order under section 394 of the Companies Act, would also be illegal and unsustainable. - Decided in favour of assessee.
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