Dy. CIT v. Sterlite Technologies Ltd. (2024) 297 Taxman 134/462 ITR 462 (SC) Editorial: Sterlite Technologies Ltd. v. Dy. CIT(2023) 152 taxmann.com 381/(2024) 462 ITR 157 (Bom)(HC)

S. 148 : Reassessment-Amalgamation-Notice issued to non existing company-Non-est and void-SLP against the order of High Court is dismissed. [S. 147, Art. 226]

Assessee-company by a communication dated 28-4-2021 informed Assessing Officer about factum of non-existence of company Elitecore Technologies Private Limited (“ETPL” on account of its amalgamation with assessee-company with effect from 29-9-2015 and emphasized that since notice had been issued in name of a non-existing entity, same was non est and void ab initio. Despite objections of assessee, Assessing Officer issued a fresh notice requiring non-existent entity to show cause as to why proposed variation be not made and passed assessment order against it followed by penalty notice and demand notice-High Court held that since notice under section 148, assessment order as also penalty notice and demand notice had been issued in name of a non-existing entity despite having been informed about factum of amalgamation, assessment order and notices were untenable and set aside. SLP of Revenue is dismissed. (AY. 2013-14, 2014-15)

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