The petitioner filed the writ petition and contended that the notice of reassessment and assessment order is bad in law on the grounds that notice issued u/s 148 of the Act has been issued to a non-existing entity. Original assessee ‘Solutions Integrated Marketing Services Private Limited’ to whom notice has been issued under Section 148 of the said Act, amalgamated with petitioner TLG India Private Limited, pursuant to the scheme of amalgamation approved by the High Court of Bombay. The Petitioner brought to the notice of DCIT about the scheme of amalgamation being approved by the Court. Various other communications were also sent informing of the amalgamation. Despite all the communications, the petitioner received notice under Section 148 of the said Act in the name of ‘Solutions Integrated Marketing Services Private Ltd.’ which is a non-existing entity. The Court relied on the judgement of Alok Knit Exports Ltd v. DCIT (2021) 283 Taxman 221 / (2022) 446 ITR 748 (Bom)(HC)) said that notice issued to a non-existing entity is bad in law. Therefore, the impugned notice was quashed and set aside. Consequently, assessment order was also quashed and set aside. (WP No. 2001/2022 dt. 6-5-2022)
TLG India Private Ltd. (As successor to ‘Solutions Integrated Marketing Services Private Ltd.) v. NFAC ( 2019) 219 DTR 383 / ( 2023) 330 CTR 207 (Bom.)(HC)
S. 148 : Reassessment-Notice-Amalgamation-Notice was sent to the original assessee despite various communications sent to department informing of the amalgamation and non-existence of the assessee-Notice issued to a non-existing entity is bad in law-Notice was quashed. [S. 147, Art. 226]