2021 (11) TMI 824 - HC - Income Tax

Validity of reopening of assessment - As argued by petitioner-company notice issue to an entity not in existence at the relevant time, as it had merged with the petitioner-company - HELD THAT - Prima facie, there appears to be merit in the contention advanced by petitioner-company Respondents/revenue.says that, he will revert with instructions on this aspect of the matter. We may also note that although opportunity was given to the respondents/revenue to file a counter-affidavit in the matter; no affidavit has been filed, as yet. List the matter for directions on 17.11.2021.

Summary

The High Court of Delhi heard a case regarding an income tax notice issued under Section 148 of the Income Tax Act, 1961 to a petitioner-company, GE India Industrial Pvt. Ltd., which had merged with GE India Exports Pvt. Ltd. The court found merit in the petitioner's contention that the notice was flawed. The respondent, Income Tax Department, was given time to respond but did not file a counter-affidavit. The case was listed for further directions on 17.11.2021. An interim order dated 05.08.2021 was made absolute during the pendency of the writ petition.