On a writ petition challenging the notice issued under section 148 of the Income-tax Act, 1961 to reopen the assessment in the name of the co-operative bank which had merged with the petitioner and therefore, was non-existent. Allowing the petition the Court held that the notice issued against the non-existent entity was unsustainable and therefore, quashed and set aside. (AY.2012-13)
Mehsana Urban Co-Op Bank Ltd. v. ACIT (2023)451 ITR 514 /292 Taxman 187 (Guj.)(HC)
S. 148 : Reassessment-Notice-Merger-Amalgamation-Notice Issued against non-existent entity-Notice void ab initio and unsustainable. [A. 147, Art. 226]