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2024 (5) TMI 299 - BOMBAY HIGH COURTReopening of assessment u/s 147 against non-existing entity - scheme of the amalgamation and arrangement approved - HELD THAT:- As things stand, the reopening notices issued u/s 148 of the Act impugned in the Petitions are in the name of a non-existing entity. In the affidavit in reply filed also, the stand taken is of the pendency of the SLP. The reassessment orders impugned in the Petitions have been passed u/s 144 of the Act on best assessment basis. The notices were issued on the email of a consultant of the SEL and, therefore, the notices sent have bounced. Infact in the reassessment orders, it is also mentioned that notices were sent by the AO to DVU for service but the DVU did not respond and in view of this situation, there was no way except to complete the assessment on the basis of material available on record. We are satisfied that the reassessment orders issued u/s 148 cannot be sustained and the same are hereby quashed and set aside. Consequently, the recovery notices also stand quashed and set aside.
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