PMP Auto Components (P.) Ltd v. DCIT [2024] 159 taxmann.com 307 (Bom.)(HC)

S. 148 : Reassessment-Notice-Amalgamation-Non existing company-Notice to non-existent amalgamating company is fundamentally invalid-Error is not a mere procedural or clerical mistake that can be rectified under section 292B of the Income-tax Act, 1961. [S. 147, 292B, Art. 226]

The Assessing Officer issued a notice under section 148 to a company that had already ceased to exist following its amalgamation with the petitioner-company. The High Court, quashing the notice, held that its issuance to a non-existent entity was a fundamental jurisdictional defect. Following the precedent set by the Supreme Court, the Court clarified that such an error is not a mere procedural or clerical mistake that can be rectified under section 292B of the Income-tax Act, 1961. (AY. 2009-10)

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