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2023 (3) TMI 525 - BOMBAY HIGH COURTReopening of assessment u/s 147 - Notice in the name of company amalgamated - HELD THAT:- After issuance of the notice under section 148 A(b), the petitioner herein, in the objections to the reopening, did not specifically highlight the factum of amalgamation of M/s. Pinkhem Investment Co. Pvt. Ltd. which led to the passing of the order under section 148A(d) of the Act and subsequent notice under section 148 of the Act, yet, in our opinion, the same would not preclude the petitioner from challenging the validity of the notice under section 148 on the aforementioned ground, keeping in view the ratio of the judgment in the case of Maruti Suzuki India Ltd. [2019 (7) TMI 1449 - SUPREME COURT] that participation in the proceedings would not operate as an estoppel against law, based upon the settled legal principle that the amalgamating entity had ceased to exist upon the scheme of amalgamation being approved. The petition is allowed. The impugned notice under section 148 AND the impugned order under section 148A(d) and all proceedings connected thereto are hereby quashed.
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