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March 2025

Section: 148 — Reassessment — Non-existing entity — notice issued to a non-existing entity post-merger was a substantive illegality and not some procedural violation:

By Ajay R. Singh, Advocate
Reading Time 7 mins

26. City Corporation Limited vs. ACIT Circle - 1 Pune &Ors.

[WP (C) No. 6076 TO 6081 OF 2023]

Dated: 29th January, 2025

(Bom) (HC)] [Assessment Years : 2013-14 to 2019-20]

Section: 148 — Reassessment — Non-existing entity — notice issued to a non-existing entity post-merger was a substantive illegality and not some procedural violation:

The assessee is engaged in constructing and developing infrastructure facilities. In terms of the NCLT’s order dated 27th April, 2020, the CCL got merged with its wholly owned subsidiary “Amanora Future Tower Pvt. Ltd.” (AFTPL), with effect from 1st April, 2018.

By communication dated 27th April, 2020, the Petitioner informed the Income Tax Authority of the merger effective 1st April, 2018. This intimation bore the stamp and endorsement of receipt from the office of the Deputy Commissioner of Income Tax, Circle 1(1), Pune.

In the return filed on behalf of the Respondents, no dispute was raised about receiving this intimation on 27th August, 2020.

On 31st Mar

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Statistically Speaking

Section 148: Reassessment assessment cannot be opened twice for the same reason.