Notice issued to ceased entity is fundamentally illegal and without jurisdiction

Adani Estate Management Private Limited Vs ITO (Gujarat High Court)

Gujarat High Court held that if the company has ceased to exist as a result of the approved scheme of amalgamation then in that case, the jurisdictional notice issued in its name would be fundamentally illegal and without jurisdiction.

Facts- The petitioner is a private limited company and its majority of the ultimate shareholders are the individuals, who are the citizens of India.

Notably, the Court vide order dated 28.01.2016, approved the scheme of amalgamation of one Panchdhara Agro Farms Pvt. Ltd. with the petitioner-Company, i.e. Shantigram Estate Management Pvt. Ltd. with effect from 01.04.2015, i.e. the appointed date. The petitioner informed the concerned Assessing Officer about the same vide communication dated 31.03.2016.

Thereafter, the Respondent issued a notice, u/s. 133 (6) of the Income Tax Act, 1961 on 24.01.2020. The petitioner filed its objections to the same vide letter dated 13.01.2022. It is the case of the petitioner that the notice dated 27.03.2021 issued to it, under Section 148 of the Act, is bad and illegal and the same deserves to be quashed. Hence, the present petition is filed.

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