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2022 (10) TMI 391 - AT - Income TaxValidity of reopening notice u/s 148 issued in the name of the non existing company - merger procedures concluded - notice in the name of company amalgamating - HELD THAT:- Respectfully following the above decision of the Hon’ble Apex Court in the case of Maruti Suzuki Limited[2019 (7) TMI 1449 - SUPREME COURT] we consider the fact that the jurisdiction invoked under section 148 of the Act was against the legal principle as the amalgamating entity ceases to exist on merger by way of the approved scheme of the Hon’ble High Court. Assessing Officer has failed to consider the judicial precedents laid down by the Hon’ble Supreme Court and has also not considered the submission of the assessee in spite of the fact that it was within the knowledge of the assessing officer. The Ld.CIT(A) has also failed to consider that the notice ought to have been issued in the name of the assessee company pursuant to the merger. Appeal filed by the assessee is allowed
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