Case Law Details
Transway Wine Pvt. Ltd. Vs PCIT (Calcutta High Court)
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. Quashing of this notice will not prevent the respondents from issuing fresh notice in accordance with law.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
The Court: Heard the learned advocates appearing for the parties.
In this writ petition, petitioner has challenged the impugned notice dated 20th April, 2021 relating to assessment year 2015-16 under Section 148 of the income Tax Act, 1961 which is a transferee company on the ground that the impugned notice has been issued in the name of the company which has already been amalgamated on 15th October, 2019 with retrospective effect from 1st April, 2017 and 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 since information of such amalgamation was already given to the respondent on 20th February, 2020.
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