The AO issued notice under section 148 in name of the amalgamating entity proposing to reassess income of said entity.The Court noted that the assessee (amalgamated entity) had filed revised return, post amalgamation, which was duly scrutinised under section 143(2). Therefore, from the material on records, it is evident that the Revenue was aware about factum of amalgamation.

The Court, following the ratio of the judgment of the Apex Court in the case of Saraswati Industrial Syndicate Ltd. v. CIT [1990] 186 ITR 278 (SC)  as also in the case of Maruti Suzuki India Ltd. [2019] 416 ITR 613 (SC) held that the notice issued under section 148 on non-existent entity as unsustainable in law and accordingly the same was set aside.(AY. 2016-17)