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2024 Supreme(Online)(DEL) 30642

HIGH COURT OF DELHI
YASHWANT VARMA, RAVINDER DUDEJA, JJ
INTERNATIONAL HOSPITAL LIMITED – Appellant
Versus
DCIT CIRCLE 12 (2) – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Simran Mehta, Advocate
For the Respondents: Mr. Gaurav Gupta, SSC, Mr. Shivendra Singh, Mr. Yojit Pareek, JSCs

Table of Content
1. jurisdictional notices must be served to the correct legal entity. (Para 1 , 2 , 3)
2. amalgamation requires proper notice to tax authorities. (Para 4 , 5 , 6 , 7)
3. assessment orders to non-existent entities are invalid. (Para 29 , 30 , 31)
4. misrepresentation or lack of disclosure can lead to valid assessments. (Para 32 , 34 , 35 , 36)
5. final judgment allowing appeals based on procedural errors. (Para 48 , 49 , 50 , 51)

JUDGMENT

YASHWANT VARMA, J.

1. This batch of writ petitions and a connected Income Tax Appeal impugn orders of assessment as well as reassessment action initiated by the respondents on the ground of the amalgamated entity having never been placed on notice. The petitioners would contend that despite the respondents having been duly apprised of the factum of amalgamation, no notices were served upon the amalgamated entity and orders of assessment as well as notices of reassessment were maintained in the name of the amalgamating entity. This, according to the writ petitioners, would amount to a fatal defect rendering the final orders and notices as framed being null and void. It was their submission that the impugned action of the respondents would n

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