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2012 (8) TMI 635 - AT - Income TaxValidity of notice issued under section 148 – Held that:- Notice was issued in the name of amalgamating company i.e. M/s.TI Diamond Chain Ltd. Since the said company has merged with M/s.Tube Investments of India Ltd. on 1.4.2004, the amalgamating company ceased to exist from the date of the exist - notice served in the name of a wrong person is no notice in the eye of law and subsequent proceedings arising out of the said notice are void, illegal and totally without jurisdiction and it is a case of no notice to the assessee Reopening proceedings – Held that:- Assessing Officer has failed to give valid reason for reopening of the assessment as the same has been settled in favour of the assessee in its own case by the Tribunal - issue of notice issued under section 148 is identical to the issue already settled/adjudicated by the Tribunal in the earlier assessment years mentioned - matter has already been decided by the Tribunal and ought to have followed the decision of the Tribunal. Therefore, this ground raised by the assessee is also allowed. Interest under section 234D – Held that:- Section 234D was inserted by the Finance Act, 2003 with effect from 1.6.2003. Thus the same would be applicable with effect from the assessment year 2004-05 - CIT(A) rightly deleted the interest under section 234D imposed by the Assessing Officer - ground raised by the Revenue is dismissed
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