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2018 (5) TMI 1647 - AT - Income TaxValidity of reopening of assessment - notice against non existent entity - scheme of amalgamation conceived - Held that:- AO issued notice u/s 148 in the name of M/s.SHL but it is also not in dispute that M/s.SHL was amalgamated with M/s. BCFL vide Judgment of the Hon’ble jurisdictional Delhi High Court Dated 19th January, 2011. Pursuant to such amalgamation, M/s.SHL ceased to exist. Subsequently, this company was also renamed as M/s. STLL. Intimation of amalgamation of M/s.SHL was provided to various authorities. Copies of some of the letters are also placed in paper book filed by the Assessee. The assessee, therefore, intimated to the Revenue Department about the merger of M/s.SHL with other Company prior to the issue of notice under section 148 of the I.T. Act. Since on the date of issue of notice under section 148, M/s.SHL did not exist, therefore, recording reasons in their name or issue notice under section 148 is clearly void abinitio, illegal and invalid - Decided in favour of assessee.
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