2025 (4) TMI 90

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... as right in ignoring the provisions of Section 292B of the Act, which clearly states that no return of income, assessment, notice, summons or other proceedings, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of income, assessment, notice, summons or other proceedings if such return of income, assessment, notice, summons or other proceedings is in substance and effect in conformity with or according to the intent and purpose of the Income-tax Act, 1961?" ii. Whether on the facts and in the circumstances of the case & in la .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er, prior to the assessment order vide letter 21 September 2010. 3. Mr Suresh Kumar, learned counsel for the Appellant-Revenue, submits that this appeal can be disposed of by following various orders of this Court, wherein the decision of the Hon'ble Supreme Court in the case of Principal Commissioner of Income Tax, New Delhi V/s. Maruti Suzuki India Ltd. (2019) 416 ITR 613 and PCIT (Central)-2 V/s. M/s. Mahagun Realtors (P) Ltd. 2022 443 ITR 194 have been considered. He specifically brings to our attention the order and judgment passed by this bench in the case of Reliance Industries Limited V/s. P. L. Roongta And Ors., WP/772 of 1999 a/w Ors.. Mr. Suresh Kumar specifically prayed that the Appeal can be disposed of with similar direction .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... pany "Shell India Market Private Limited" and not against the transferor company "Shell Technology India Private Limited". 5. We agree with the submission made by Mr Bhatt, learned counsel for the Respondent-Assessee that the notice and order should been have issued in the name of the transferee company "Shell India Market Private Limited" and not the transferor company "Shell Technology India Private Limited". The decisions relied upon by the learned counsel for the Respondent-Assessee supports that if the Assessing Officer has been intimated about the fact of merger, then the notice should have been issued in the name of the transferee company and not the transferor company. Since in the instant case the notice and the assessment order i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X