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2016 (12) TMI 872 - HC - Income TaxValidity of reopening of assessment - notice issued to non existent company - Held that:- It is not in dispute that the impugned notices under Section 148 of the Income Tax Act have been issued against the original assessee on 21/01/2011 to reopen the assessment for the Assessment Year 2009-10. It is also not in dispute that the respective petitioners – original assessee are ordered to be amalgamated with one Takshashila Gruh Nirman (subsequently named as Takshahila Realties Pvt. Ltd.). The scheme of amalgamation has been sanctioned by this Court, by which the respective petitioners are ordered to be amalgamated into Takshashila Gruh Nirman (subsequently named as Takshahila Realties Pvt. Ltd.) with effect from 01/04/2010. Under the circumstances, when the impugned notices are issued against the original assessee – amalgamating Company on 21/01/2011, it can be said that the same has been issued against the non-existent Company. It cannot be disputed that once the scheme for amalgamation has been sanctioned by the Court with effect from 01/04/2010, from that date amalgamating Company would not be in existence. Under the circumstances, the impugned notices, which are issued against the non existent Company, cannot be sustained and the same deserves to be quashed and set aside. - Decided in favour of assessee
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