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SONIA GOKANI, SANDEEP N. BHATT
Mehsana Urban Co-Op Bank Ltd. – Appellant
Versus
Assistant Commissioner Of Income Tax Circle 3(3), Surat – Respondent
ORDER :
SONIA GOKANI, J.
1. The petitioner, Mehsana Urban Co-Op Bank Ltd., has preferred this petition under Article 226 of the Constitution of India challenging the notice dated 30.03.2019 issued by respondent under section 148 of the Income Tax Act, 1961 (“the Act” for short) to reassess the income of Surat Nagrik Sahkari Bank Ltd., which is now merged with the petitioner for the Assessment Year 2012-13, which according to the petitioner, is an act contrary to law.
2. Brief facts leading to the present petition are as follows:
2.1 Petitioner is a Multi-State Scheduled Cooperative Bank, whose members are individuals and citizens. One Surat Nagrik Sahkari Bank Limited had amalgamated with the petitioner on 01.07.2013. The respondent had been intimated of the said amalgamation with Surat Nagrik Sahkari Bank Limited vide its communications dated 23.08.2013 and 05.11.2014. Thereafter, the orders passed by the Registrar of Co-operative Societies, Gujarat State and Reserve Bank were submitted to the respondent on 24.12.2013.
2.2 The return of income was filed by the petitioner as on 12.11.2012 at nil. The case was selected for scrutiny under section 143 of the Act and the order under section
Notices issued under Section 148 of the Income Tax Act against non-existing companies post-amalgamation are invalid and without jurisdiction.
The legal principle established in the case of Principal Commissioner of Income Tax vs. Maruti Suzuki India Limited, which states that if a company has ceased to exist as a result of an approved sche....
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 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 the existence of the transferor company merged into the transferee company from the appointed date under the scheme of amalgamation, and mere ....
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.
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....
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