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DHIRAJ SINGH THAKUR, KAMAL KHATA
CLSA India Private Limited – Appellant
Versus
Deputy Commissioner Of Income-Taxf 4(1)(1)f Mumbai – Respondent
JUDGMENT
Dhiraj Singh Thakurf, J. - The Petitioner challenges the notice dated 31st MarchF 2021 issued under Section 14 of the Income Tax ActF 1961 ('the Act') as also the order of assessment passed under Section 147 r8w Sections 144 and 144B of the Act dated 31st MarchF 2022F for the assessment year 2017-1 F on the ground that the notice under Section 14 of Act was issued in the name of a non-existent company.
2. Briefly stated the material facts are as under:
A notice dated 31st MarchF 2021 under Section 14 of the Act for the assessment year 2017-1 was issued in the name of Laysin BPO Pvt. Ltd. proposing to reopen the assessment on the ground that income had escaped assessment within the meaning of Section 147 of the Act.
In response to the said noticeF the Petitioner herein CLSA India Private Limited informed the Respondents about the non- existence of the assessee Laysin BPO Pvt. Ltd. on account of its amalgamation with the Petitioner CLSA India Private Limited. The Respondents stood informed that the merger had taken place with effect from 01st AprilF 2015 vide order of this Court dated 16th AprilF 2016 andF thereforeF sought the dropping of the proceedings initiated against the s
The central legal point established in the judgment is that issuing a notice and passing an order of assessment in the name of a non-existent entity, despite knowledge of its amalgamation, renders th....
The main legal point established in the judgment is that a notice issued under section 148 of the Income Tax Act in the name of a non-existent entity, which has undergone a scheme of amalgamation and....
Notices issued under Section 148 of the Income Tax Act against non-existing companies post-amalgamation are invalid and without jurisdiction.
The impugned notice issued under section 148 of the Income Tax Act, 1961, in the name of a non-existing company due to amalgamation is not tenable in the eye of law, and the court has the authority t....
An assessment notice issued against a non-existing entity post-amalgamation is void ab initio, reinforcing the principle that an amalgamated company ceases to exist legally.
Notices under Section 148 of the Income Tax Act cannot be issued to a non-existent entity following an amalgamation, as such actions lack legal jurisdiction.
The main legal point established in the judgment is that the existence of the transferor company merged into the transferee company from the appointed date under the scheme of amalgamation, and mere ....
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