Pon Pure Chem Pvt. Ltd.v. NFAC (2025) 478 ITR 723 (Mad)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amalgamation-Notice issued to non-existent transferor assessee after court-approved amalgamation-Assessment order passed against dissolved company-Notice and consequential proceedings invalid.[S. 147, 148, 148A(b), 148A(d), Art. 226]

Allowing the petition  the Court held  that the order and proceedings initiated under section 147 against the assessee after amalgamation were invalid. The assessee had informed the Department about the amalgamation and had enclosed a copy of the court order by way of a communication dated March 8, 2023. The Department had issued an assessment order against the transferee-company for the assessment year 2015-2016 on December 20, 2017. The assessment order dated March 14, 2023 was accordingly quashed and the Department was given liberty to initiate proceedings against the transferee-company in accordance with law.(AY.2015-16)

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