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TMI Blog2022 (10) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... not file return in response to notice under Section 148 of the Act in the name of Sare Marketing Private Limited with reference to PAN of above company. The impugned order passed under Section 148A(d) of the Income Tax Act, 1961 and the Notice issued under Section 148 for the Assessment Year 2014-15 are set aside. If the law permits the respondents/revenue to take further steps in the matter, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AY ) 2014-15. 2. Learned Counsel for the Petitioner states that the impugned Order and notice are void ab initio as the same have been issued in the name of Sare Marketing Private Limited which was amalgamated with the Petitioner Company i.e. Sumant Investments Private Ltd. w.e.f. 1st April, 2014 vide order of this Court dated 19th September, 2014 under Section 391 -394 of the Companies Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany. 4. He submits that the notice being in the name of a non-existent company cannot be complied with and accordingly, the petitioner company cannot file return in response to notice under Section 148 of the Act in the name of Sare Marketing Private Limited with reference to PAN of above company. 5. Issue notice. 6. Mr. Ruchir Bhatia, learned Senior Standing Counsel for Revenue accepts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 148A(d) of the Income Tax Act, 1961 and the Notice issued under Section 148 of the Act, both dated 20th July, 2022 for the Assessment Year 2014-15 are set aside. If the law permits the respondents/revenue to take further steps in the matter, they shall be at liberty to do so. Needless to state that if and when such steps are taken and if the petitioners have a grievance, they shall be at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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