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Case Law Details

Case Name : North Bengal Promoters Private Limited Vs Income Tax Officer (Calcutta High Court)
Appeal Number : WPA 6424 of 2023
Date of Judgement/Order : 04/04/2023
Related Assessment Year : 2013-14
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North Bengal Promoters Private Limited Vs Income Tax Officer (Calcutta High Court)

In this writ petition, petitioner has challenged the impugned notice dated April 20, 2021 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 on 11.08.21. w.e.f. 01.04.2018 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.

HC held that 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.

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