CLSA India (P.) Ltd. v. DCIT [2023] 149 taxmann.com 380 (Bom)(HC)

S. 148 : Reassessment –Notice – Amalgamation- Company ceased to exist- Succession to business otherwise than on death -Non existing company – Amalgamation – PAN in name of non -Existent company remained active – Notice issued was quashed. [S. 148, 170, Art. 226]

Allowing the petition the Court held that a company was amalgamated with petitioner-company, name of non-existing company could not be mentioned in reopening notice merely because PAN in name of non-existent company had remained active and, thus, impugned reopening notice and reassessment order passed upon petitioner-company while having name of non-existing company were to be set aside. Accordingly the reassessment notice and order disposing the objection was quashed. (AY. 2017-18)