Where the assessee-company had merged with another company and the fact of merger had been intimated to the Assessing Officer, but the notice under section 148 and the subsequent assessment order were issued in the name of the non-existent transferor company, the High Court held that, once the Assessing Officer had been informed of the merger, the notice ought to have been issued in the name of the transferee company; issuance of notice and passing of assessment order in the name of the non-existent transferor company was therefore invalid and was not a defect curable under section 292B, though the Revenue was not precluded from initiating fresh proceedings against the transferee company in accordance with law. (AY. 2007-08).
CIT-LTU v. Shell India Markets (P.) Ltd. [2025] 174 taxmann.com 349 (Bom) (HC) Editorial : SLP of revenue dismissed, CIT-LTU v. Shell India Markets (P.) Ltd (2026] 310 Taxman 1 (SC)
S. 143(3): Assessment-Non-existent entity-Merger-Notice and assessment in the name of transferor company-Invalid-Order of Tribunal affirmed.[S.147.260A, 292B]
Leave a Reply