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| The Tax Publishers2020 TaxPub(DT) 4478 (Mum-Trib) INCOME TAX ACT, 1961
Section 147
Section 148 notice issued in the name of (non-existent) amalgamating company was quashed as void ab initio.
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Reassessment - Validity - Issuance of section 148 notice and framing of reassessment in the name of non-existent entity -
AO framed assessment under section 143(3) read with section 147 in the name of erstwhile amalgamating company (non-existent company), despite the fact of amalgamation was duly brought to the notice of AO during the course of assessment proceedings itself.Held: Notice under section 148 was issued in the name of (non-existent) amalgamating company and thus re-assessment framed in the name of non-existent entity was quashed as void-ab-initio.
Followed:Maruti Suzuki India Ltd. (2019) 416 ITR 613 (SC) : 2019 TaxPub(DT) 4931 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2000-01 & 2001-02
IN THE ITAT, MUMBAI BENCH
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