Case Law Details
S. K. Finserve Private Limited Vs ACIT (Calcutta High Court)
This writ petition is allowed and the impugned notice is quashed solely on the ground that the impugned notice was issued in the name of non-existing company in spite of revenue having notice and knowledge of non-existence of such Company.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
Heard learned advocates appearing for the parties.
In this writ petition, petitioner has challenged the impugned notice dated July 27, 2022 relating to assessment year 2013-14 under section 148 of the Income Tax Act, 1961 which is a transferor company on the grounds that the impugned notice has been issued in the name of the company which has already been amalgamated in December 12, 2016 w.e.f. April 01, 2015 and that the department has been intimated about this amalgamation which is matters of record and such notice in the name of a non-existing company is not tenable in the eye of law.
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