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2022 (5) TMI 859 - DELHI HIGH COURTReopening of assessment u/s 147 - notice in name of non-existing entity, which had merged with the Petitioner company - Responded as stated in the present case, the impugned assessment order has been passed in the name of ‘Jindal Dyechem Industries Pvt. Ltd. (successor to Lumax Caplease Private Limited)’ i.e., the amalgamated entity and the issue as to whether income has escaped assessment or not is a question of fact which the petitioner can agitate in appeal proceedings. HELD THAT:- Having heard learned counsel for the parties, this Court is of the view that even if the submission of learned counsel for the Respondents is accepted, then also the impugned assessment order is liable to be set aside as the Petitioner had no opportunity to deal with or respond to the show cause notice dated 28th March, 2022 as it had been issued after the date and time of compliance had expired. Consequently, the impugned assessment order is set aside on the short ground of being violative of principle of natural justice and the matter is remanded back to the Assessing Officer for fresh adjudication.
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