TMI Blog2021 (8) TMI 1260X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 Finves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notice under Section 148 of the Income Tax Act, 1961 ( The Act ) has been issued to a non existing respondent company and therefore, as held by this Court as well as the Apex Court in various judgments, one of the most recent being Principal Commissioner of Income Tax, New Delhi Vs. Maruti Suzuki India Ltd. [(2019) 107 taxmann.com 375 (SC)], the notice is bad in law. 3. Counsel for petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Assistant Commissioner of Income Tax (2)(1)(2) on 31st March 2018 for the dues of ECD Electrons and Electrolysis Pvt. Ltd. showing the assessee to be Petitioner herein. Mr. Agrawal concluded by submitting that though respondents were always aware that ECD Electrons and Electrolysis Pvt. Ltd. was no more in existence, but nevertheless went ahead and issued a notice under Section 148 in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he judgment of the Apex Court in Maruti Suzuki India Ltd.(Supra) fairly applies to this case. 6. In view of the above, the notice issued under Section 148 of the Act to a non-existing company is bad in law. Petition, therefore, is allowed in terms of prayer clause (a), which reads as under:- a. that this Hon ble Court be pleased to issue a Writ of Certiorari or any other writ order or dir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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