Re-assessment notice issued to a ‘Non-Existing Entity’ is a substantive violation and not merely a procedural one, as adverted to in Section 292B of the Income Tax Act, 1961.




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Re-assessment notice issued to a ‘Non-Existing Entity’ is a substantive violation and not merely a procedural one, as adverted to in Section 292B of the Income Tax Act, 1961.

 

Hon’ble Bombay High Court’s recent judgment in City Corporation Ltd., re-iterated the position that a notice issued under Section 148 of the Act to a non-existing entity upon merger, is non-est.

The Hon’ble Court followed the judgment in Maruti Suzuki relied upon by us and distinguished the judgment in Skylight Hospitality relied upon by the Revenue, to quash the Impugned Notices pertaining to six Assessment Years.

[TS-63-HC-2025(BOM)]

The copy of the order is as under:

1738226518346




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