Abhishek Caplease Pvt. Ltd. v ITO (2024)461 ITR 261/ 161 taxmann.com 40 (Guj)(HC) Editorial : SLP rejected,ITO v. Abhishek Caplease Pvt. Ltd (2024] 298 Taxman 449 /461 ITR 263 (SC)

S. 148 : Reassessment-Notice-Amalgamation-Intimated to Assessing Officer and duly acknowledged- Notice issued to non-existent company is unsustainable.[S. 147, Art. 226]

The assessee was amalgamated with a company A by an order of the court dated October 30, 2015 with effect from April 1, 2015. The amalgamation with A was intimated to the jurisdictional Assessing Officer by communications dated November 23, 2015 and January 27, 2016 which were duly acknowledged. The Assessing Officer issued a notice under section 148 on March 27, 2021 to reopen the assessment under section 147 for the assessment year 2014-15 against the assessee. On a writ  allowing the petition, the Court held that   the notice dated March 27, 2021 issued under section 148 for the assessment year 2014-15 against the assessee which was not in existence on the date of issue of notice was unsustainable.(AY.2014-15)