2022 (11) TMI 829 - HC - Income Tax
Reopening of assessment u/s 147 - Notice issued in the name of non existing/transferor company - HELD THAT:- This Court is of the view that not only the notice was issued in the name of the transferor company but the impugned order u/s 148A(d) as well as the notice u/s 148 have been issued on the PAN of the transferor company. This Court is also of the view that the primary argument advanced by the Petitioner that the transferee company had filed its return inclusive of the financial data/numbers of the transferor company has not been examined on merit inasmuch as the scrutiny assessment order dated 07th October, 2015 has not been dealt with.
The impugned order passed u/s 148A(d) as well as the consequential notice issued under Section 148 of the Act for the Assessment Year 2013-14 are set aside and the notice issued under Section 148A(b) of the Act is deemed to have been issued to the transferee company i.e. the Petitioner. In the interest of justice, the Petitioner is given liberty to file its reply/response to the notice issued under Section 148A(b) of the Act along with all the relevant documents within two weeks from today.