DELHI HIGH COURT
MANMOHAN, MANMEET PRITAM SINGH ARORA
Omansh Properties Private Limited since Amalgamated with Ranjitgarh Finance Co. Private Ltd. – Appellant
Versus
Central Board of Di – Respondent
| Table of Content |
|---|
| 1. challenge to the issuance of an invalid notice. (Para 1 , 2 , 3) |
| 2. supreme court guidance on reassessment notices. (Para 4) |
| 3. procedure for objections and appeals. (Para 5 , 6) |
| 4. disposal of the application. (Para 7) |
JUDGMENT
Manmohan, J. (Oral):
C.M.No.28874/2022
1. Present application has been filed on behalf of the Petitioner seeking clarification of the order dated 19th January, 2022 passed by this Court to the effect that the impugned notice dated 20th April, 2021 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the `Act') is non-est as it had been issued against a non-existent company that had been dissolved by an order of this Court.
2. Learned counsel for the Petitioner states that vide order dated 19th January, 2022, the present petition had been allowed and the impugned notice dated 20th April, 2021issued under Section 148 of the Act had been quashed in terms of the judgment of this Court in Mon Mohan Kohli v. ACIT, 2021 SCC OnLine Del 5250. He states that the present petition had been taken up for hearing along with other connected matters and had been allowed on the common ground of challenge to the explanations A(a
A notice under Section 148 of the Income Tax Act is invalid if issued against a non-existent entity, confirming the need for valid recognition of a company's status post-amalgamation.
Reassessment proceedings are invalid if initiated against a non-existent entity and without considering the taxpayer's response, breaching principles of natural justice.
Notices issued under tax laws must be addressed to the correct legal entity, and procedural errors may invalidate such notices, requiring rectification in accordance with legal standards.
Notices issued under the Income Tax Act to non-existent entities due to amalgamation are void ab initio and unenforceable.
Notices issued under Section 148 of the Income Tax Act against non-existing companies post-amalgamation are invalid and without jurisdiction.
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 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.
A notice under section 148 issued to a non-existent entity is invalid, leading to the quashing of both the notice and the subsequent assessment order.
The court established that failing to consider a taxpayer's submission violates procedural fairness in tax assessments, necessitating the annulment of prior notices.
Notices issued in the name of a dissolved partnership firm are invalid, reaffirming the necessity for proper jurisdiction in tax assessments.
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