Allowing the writ petition of the Assessee, the High Court held that where an AO passed an order under section 148A(d) dated 20-7-2022 and issued notice under section 148 on same date in name of a company which was amalgamated with Assessee with effect from 1-4-2014 and Assessee had informed AO in this regard, then the order passed under section 148A(d) and notice issued under section 148 was set aside. (AY. 2014-15)
Sumant Investments (P.) Ltd. v. ACIT (2023) 291 Taxman 227 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amalgamation-Notice issued in the name of a company which was amalgamated with Assessee (amalgamated company) and was not in existence on date of issue of such notice-The notice and consequent order is held to be invalid. [S. 148, 148A(d), Art. 226]