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2023 (6) TMI 1039 - HC - Income TaxValidity of reopening of assessment - notice against company non existent/ amalgamated - HELD THAT:- As assessee has intimated the concerend AO about scheme of amalgamation and company having ceased to exist as a result of the approved Scheme of Amalgamation, thus legal principle provides that the amalgamating entity ceases to exist upon the approved scheme of amalgamation. Notice issued under Section-148 in its name[ company amalgamated] would be fundamentally illegal and without jurisdiction. See MARUTI SUZUKI LTD [2019 (7) TMI 1449 - SUPREME COURT] and ADANI WILMAR LTD. [2023 (2) TMI 864 - GUJARAT HIGH COURT] - Decided in favour of assessee.
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