2022 (5) TMI 56 - HC - Income Tax

Validity of reopening of assessment u/s 147 - Scheme of amalgamation completed - whether notices referred could be said to be without jurisdiction as those have been issued in a wrong name or rather to an assessee which was not in existence on the date of the issue of the notices? - HELD THAT - In view of the intimation as regards the merger / amalgamation way back on 17th January 2019, the two impugned notices could not have been issued. This writ application succeeds and is hereby allowed. Both the impugned notices for the relevant assessment years issued under Section 148 of the Act are hereby ordered to be quashed. - Decided in favour of assessee.

Summary

Issues:
Challenge to notice under Section 148 of the Income Tax Act, 1961 for assessment years 2013-14 and 2014-15 due to the issuance in the name of a non-existent entity.

Analysis:

1. Jurisdictional Challenge: The writ applicant sought relief against the notices issued in the name of a non-existent entity, Shivganga Property Holders Private Limited, contending them to be prima facie illegal and bad in law. The argument was based on the merger/amalgamation of Shivganga Property Holders Private Limited with another entity, as notified to the Assessing Officer in 2019. The notices were challenged for lack of jurisdiction due to being issued to an entity that ceased to exist post-merger.

2. Legal Ground for Allowance: The Court noted that the writ application could be allowed on a short legal ground, emphasizing the challenge to the notice issued under Section 148 of the Income Tax Act, 1961 dated 20th April 2021 for the assessment years 2013-14 and 2014-15. The notices called for the reopening of assessments under Section 147 of the Act, which was contested on the basis of the entity's non-existence post-merger.

3. Contentions and Submissions: The counsel for the writ applicant argued that the impugned notices were without jurisdiction as they were issued in the name of an entity that no longer existed. The attention was drawn to correspondence notifying the merger/amalgamation and subsequent letters to the Assessing Officer highlighting the inappropriateness of the notices issued to the defunct entity. The Revenue's counsel acknowledged the merger information and concurred that the notices should not have been issued.

4. Judgment and Relief: Considering the submissions and acknowledging the merger/amalgamation details provided to the Assessing Officer, the Court allowed the writ application, quashing both impugned notices issued under Section 148 of the Income Tax Act for the relevant assessment years. The Court ordered the termination of all consequential proceedings related to the notices, rendering other prayed reliefs insignificant in light of the jurisdictional challenge's success.