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2022 (5) TMI 178 - BOMBAY HIGH COURTValidity of reopening u/s 147 - notice issued to non existing entity - HELD THAT:- In Principal Commissioner of Income Tax Vs. Maruti Suzuki India Ltd. [2019 (7) TMI 1449 - SUPREME COURT] the Apex Court held that the basis on which jurisdiction was invoked was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation and notice issued to non existing company, is not curable defect under Section 292-B of the Act. Notice under which jurisdiction was assumed by the Assessing Officer was issued to the non existing company which amounts to substantive illegality and not a procedural violation of the nature adverted to in Section 292-B. The Court held that such a notice can not be stated to be valid. This view of the Apex Court was also followed by this Court in Alok Knit Exports Ltd. [2021 (8) TMI 777 - BOMBAY HIGH COURT] where the Court held that notice issued to non existing entity is not valid. - Decided in favour of assessee.
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