CIT, LTU v. Shell India Markets (P.) Ltd. (2026) 310 Taxman 1 (SC) Editorial: CIT, LTU Shell India Markets (P.) Ltd(2025) 174 taxmann.com 349 (Bom)(HC)

S. 148: Reassessment-Notice-Merger-Initiated to the Assessing Officer-Assessment and order were issued in the name of a non-existent entity-High Court quashed the notice and assessment-SLP of revenue was dismissed. [S. 143(3), 292B, Art. 136]

Assessee, Shell Technology India Pvt. Ltd., merged with Shell India Market Pvt. Ltd. and informed the Assessing Officer about this fact.Despite this, notice under Section 148 and assessment order were issued in name of the transferor company, which no longer existed Tribunal quashed the assessment, by holding that issuance of notice and assessment order in the name of a non-existent entity was not a mere technical defect curable under Section 292B. High Court held that if the Assessing Officer had been intimated about the fact of merger, then notice should have been issued in the name of the transferee company and not the transferor company. Notice and assessment order passed in the name of the transferor company was bad in law.SLP of revenue was dismissed. The Court also observed that the order would not preclude revenue from initiating fresh proceedings against the transferee company, in accordance with law, for assessing income in the hands of the transferee company.  (AY. 2007-08)

Leave a Reply

Your email address will not be published. Required fields are marked *

*