Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (6) TMI 1293 - HC - Income TaxValidity of Reopening of assessment - notice issued in name of non-existent entity - factum of amalgamation was brought to the notice of the AO as acknowledged by the DCIT - HELD THAT:- It is not denied that the notice issued under section 148 of the Act was issued in the name of a non-existent entity, i.e., Times Infotainment Media Ltd. which had ceased to exist pursuant to the Scheme of Amalgamation and arrangement having been approved as passed by this Court with effect from 1st April 2013. As not denied, as can also be seen from the material on record, that the factum of amalgamation of TIML was very much within the knowledge of the respondents. If that be so, then issuance of the impugned notice under section 148 in the name of a non-existent entity would render it void. As relying on case of CLSA India Private Limited [2023 (2) TMI 469 - BOMBAY HIGH COURT] we hold that the impugned notice issued u/s 148 is unsustainable in law and is accordingly set aside. Decided in favour of assessee.
|