The assessee had informed the Department about the amalgamation of the erstwhile company with it pursuant to the amalgamation order dated 9-12-2005. Despite such knowledge, reassessment proceedings for AYs 2018-19 and 2019-20 were initiated against the non-existent entity. Since the amalgamation had taken effect from 1-4-2005, proceedings under sections 148A and 148 and consequential assessment orders were held wholly without jurisdiction, non est, and a nullity and were quashed. (AY. 2018-19, 2019-20)
Thermax Ltd. v. NFAC [2025] 170 taxmann.com 249 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Non-existent entity-Company had amalgamated with assessee-company with effect from 1-4-2005 and the Assessing Officer was duly informed; notice under section 148 issued against amalgamated non-existent entity was without jurisdiction and assessment was non-est. [S. 147, 148, 148A(b), 226]
Leave a Reply