Case Law Details
Vedanta Limited Vs DCIT (Madras High Court)
Facts- M/s. Sterlite Industries (India) Limited has merged with M/s. Sesa Goa Limited with effect form 17.08.2013. Thereafter, the said company namely M/s. Sesa Goa Limited was amalgamated with M/s. Vedanta Limited, the present petitioner, with effect from 21.04.2015.
Mainly it was alleged that notice issued under section 148 to the principal officer M/s. Sesa Sterlite Industries (India) Limited which was not in existence at the relevant time. Thus, notice was issued by the respondent to a non-existing person and all the further proceedings became invalid.
Conclusion- In the present case, the proceedings were continued and the assessment order has already been passed and subsequently, the Writ Petitions are filled, challenging the draft assessment order as well as the final assessment order. In view of the fact that the mistake crept in at the initial stage was identified by the department and subsequently corrected and the proceedings thereafter were continued in the name of the petitioner, there is no reason to interfere with the process of reassessment already completed and it is for the petitioner to redress their grievances, if any exist, by preferring an appeal, in the manner prescribed under the Act.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
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