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2021 (8) TMI 1260 - BOMBAY HIGH COURTReopening of assessment u/s 147 - Notice in the name of a non-existing company - notice in the name of company merged - HELD THAT:- As the notice issued under Section 148 of the Act to a non-existing company is bad in law. Petition, therefore, is allowed. Whether clerical error which is rectifiable under Section 292-B? - It cannot be a clerical error because in the affidavit-in-reply it is admitted that the order dated 7th November 2014 of this Court with respect to the merger of ECD Electrons and Electrolysis Pvt. Ltd. into Lenient Finvest Pvt. Ltd. and the subsequent order of Lenient Finvest Pvt. Ltd. merging with petitioner under an approved scheme cleared by the National Company Law Tribunal, Mumbai, was available with respondents still respondents persisted with issuing the notice to ECD Electrons and Electrolysis Pvt. Ltd., a non existent company. - Decided in favour of assessee.
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