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2016 (12) TMI 1554 - HC - Income TaxValidity of reopening of assessment - notice issued against non-existent Company - company amalgamated - Held that:- This Court in the case of Khurana Engineering Ltd. Vs. Deputy Commissioner of Income-Tax reported in [2013 (2) TMI 128 - GUJARAT HIGH COURT ] held that once the original assessee is ordered to be merged into another company, consequently not in existence, notice for assessment / reassessment against the transferor Company shall not be sustainable. As in the present case when the impugned notice is issued in the name of the original assessee, the same has been issued against the non-existent Company, as after the order passed by this Court sanctioning the scheme of merger and the original assessee - transferor Company Pvt. Ltd. was ordered to be merged into one M to M Traders Private Limited and thereafter even the said M to M Traders Private Limited is further ordered to be merged into the petitioner - assessee Company, the impugned notice against the non-existent Company is not not permissible. - Decided against revenue
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