TMI Blog2021 (11) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... which ceased to exist. - Decided in favour of assesse. - WRIT PETITION (L) NO. 14088 OF 2021 - - - Dated:- 25-10-2021 - K.R. SHRIRAM AND AMIT B. BORKAR, JJ Mr. Madhur Agarawal a/w Ms Priyanka Bora for Petitioner Mr. Suresh Kumar for Respondents ORDER P.C. : 1 Petitioner prays the impugned notice dated 27th March 2021 be quashed on the ground that it has been issued to a non existing entity. In the affidavit in reply for respondents, it is admitted that notice has been issued to a non existing entity but respondents state that it ought to be treated as a mistake and the name given in the notice could be corrected under Section 292B of the Income Tax Act, 1961 (the said Act). Respondents have relied upon a judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are convinced that wrong name given in the notice was merely a clerical error which could be corrected under Section 292B of the IT Act (emphasis supplied) . 6 The Apex Court in its recent judgment on this subject in Principal Commissioner of Income Tax V/s. Maruti Suzuki India Ltd. (2019) 416 ITR 613 (SC) considered the judgment of Sky Ligh Hospitality (supra) of the Apex Court and said that the Apex Court has expressly mentioned that in the peculiar facts of that case wrong name given in the notice was merely a clerical error. The Apex Court in Maruti Suzuki India Ltd. (supra) has also observed that what weighed in the dismissal of the Special Leave Petition were the peculiar facts of that case. The Apex Court has reiterated the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act to an entity that had ceased to exist. This is notwithstanding the fact that respondent no.1 was aware that Niraj Realtors had ceased to exist. Respondent no.1, as noted earlier, we say was aware because the notice under Section 148 of the Act was issued for the Assessment Year 2011-2012 in the name of petitioner for re-opening the assessment of Niraj Realtors. Infact even the reasoning dated 6th July 2018 for reopening of the Assessment Year 2011-2012 starts with the following : The M/s. Niraj Realtors Shares Pvt. Ltd. (PAN : AABPS7071E) now merged with M/s. Alok Knit Exports Private Limited (PAN : AACCA8337K) is an Assessee of this charge. 8 The stand now taken in the affidavit in reply and submissions of Mr. Moh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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