Dismissing the petition on writ the Court held that the notice could not be construed as a notice under section 148 and was required to be considered as a notice under section 148A(b). The notice dated July 29, 2022 was issued under section 148 after following the procedure as prescribed under section 148A and was in the name of the assessee and, therefore, could not be faulted on account of the notice having been issued in the name of a non-existent company. The reassessment proceedings under section 147 in respect of the assessment year 2014-2015 were now being continued pursuant to the notice issued under section 148 and not the notice, which was to be construed as a notice under section 148A(b). The contention that the proceedings were vitiated on account of the fact that the notice was issued in the name of a non-existent company was unmerited. SLP of assessee dismissed. (AY. 2014-15)
Nokia Solutions and Networks India Pvt. Ltd v Dy. CVIT (2025) 477 ITR 410/304 Taxman 583 (SC) Editorial : Nokia Solutions and Networks India Pvt. Ltd. (successor of Nokia Siemens Networks India Pvt. Ltd.) v. Dy. CIT (2025) 477 ITR 406 /170 taxmann.com 794 (Delhi)((HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amalgamation – Fresh notice issued as per Supreme Court directions in UOI v. Ashish Agarwal( 2022) 444 ITR 1 (SC))- Fresh notice following new procedure issued in correct name of assessee Reassessment proceedings not vitiated by incorrect name in original notice-Reassessment proceedings under fresh notice valid- SLP of assessee dismissed.[S. 147, 148, 148A(b), 148A(d), Art. 136]
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