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Section 148 Notice to Non-Existent Amalgamated Company Is Void: ITAT Mumbai
Case Law Details
- Case Name
- DCIT Vs Raghuleela Estates Pvt. Ltd (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14
- Courts
- All ITAT, ITAT Mumbai
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DCIT Vs Raghuleela Estates Pvt. Ltd (ITAT Mumbai)
Notice u/s 148 issued in name of non-existent amalgamated company was Null and Void
Conclusion: Since the notice was issued under Section 148 in the name of a non-existing entity, despite the department having been intimated about the amalgamation much earlier, the impugned notice under Section 148 was null and void. Consequently, the reassessment order passed based on this invalid notice was quashed.
Held: In the instant case, first notices u/s.148 was issued in the name of “Wadhwa Associates and Realtors Pvt. and approval u...
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