INCOME TAX ACT, 1961

Section 148

Re-assessment - Notice under section 148 - Issued against a non-existent entity - Validity of

AO issued a notice under section 148 to one Shivganga Property Holders Private Limited on 20-4-2021 which was, in fact, merged with the assessee-company on 1-4-2018 under intimation to the AO. Thus, virtually, AO issued the notice under section 148 against a non-existent company. The assessee filed writ petition against this notice dated 20-4-2021. Held: In view of the fact that the notice under section 148 was evidently, issued against a non-existent company, since merged with the assessee-company under intimation to the AO, the impugned notice under section 148 was quashed.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. :

SUBSCRIBE FOR FULL CONTENT