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TMI Blog2023 (12) TMI 1379X X X X Extracts X X X X X X X X Extracts X X X X ..... dia Ltd [ 2019 (7) TMI 1449 - SUPREME COURT] held that the basis on which jurisdiction is invoked is under Section 148 of the Act and when such jurisdiction was invoked on the basis of something which was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation, the notice is bad in law. It has been time and again held that the notice issued to a non existing entity is not valid. Decided in favour of assessee. - K. R. SHRIRAM Dr. NEELA GOKHALE, J. Mr. Madhur Agarawal i/b Mr. Atul Jasani for Petitioner Mr. P. A. Narayanan for Respondents-Revenue P.C.: 1 Petitioner is impugning a notice dated 29th March 2014 issued under Section 148 of the Income Tax Act 1961 (the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejudice to assessee. It is also stated that this plea was not even raised before the AO. In our view, as noted earlier, it is an incorrect statement because in the letter dated 18th March 2015 objecting to the reopening, petitioner has expressly raised this defence. In the affidavit in reply, it says it is a defect which is curable under Section 292B of the Act. It is settled law that the said defect is not curable. This court in Alok Knit Exports Ltd. Vs. Deputy Commissioner of Income Tax, Circle 6(1)(1) Mumbai (2021) 130 taxmann.com 457 (Bombay)while dealing with submissions of Revenue held that human errors and mistakes cannot and should not nullify proceedings which were otherwise valid and no prejudice has been caused, relying on judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corrected under Section 292B of the IT Act (emphasis supplied) . 6 The Apex Court in its recent judgment on this subject in Principal Commissioner of Income Tax Vs. Maruti Suzuki India Ltd. considered the judgment of Sky Light Hospitality (supra) of the Apex Court and said that the Apex Court has expressly mentioned that in the peculiar facts of that case wrong name given in the notice was merely a clerical error. The Apex Court in Maruti Suzuki India Ltd. (supra) has also observed that what weighed in the dismissal of the Special Leave Petition were the peculiar facts of that case. The Apex Court has reiterated the settled position that the basis on which jurisdiction is invoked is under Section 148 of the Act and when such jurisdiction wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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