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TMI Blog2025 (1) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... h Advocates for the Revenue VIBHU BAKHRU, ACJ. (ORAL) 1. The petitioner has filed the present petition, inter alia, impugning a notice dated 09.04.2021 (hereafter the impugned notice) issued under Section 148 of the Income Tax Act, 1961 (hereafter the Act) in respect of the assessment year (AY) 2014-15. 2. The impugned notice was issued in the name of Nokia Siemens Networks India Private Limited (NSNIPL), which prior to the issuance of the notice stood amalgamated with the petitioner company M/s NOKIA Solutions and Networks India Private Limited (hereafter the NOKIA). 3. Mr Vohra, the learned senior counsel for the petitioner submits that since the notice has been issued in the name of a non-existent company, the impugned notice is liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve High Courts shall be deemed to have been issued under Section 148-A of the IT Act as substituted by the Finance Act, 2021 and construed or treated to be show-cause notices in terms of Section 148-A(b). The assessing officer shall, within thirty days from today provide to the respective assessees information and material relied upon by the Revenue, so that the assessees can reply to the show-cause notices within two weeks thereafter. *** *** *** *** 29. The present order shall be applicable PAN INDIA and all judgments and orders passed by the different High Courts on the issue and under which similar notices which were issued after 1-4-2021 issued under Section 148 of the Act are set aside and shall be governed by the present order and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, the fact that such a notice is issued in an incorrect name would not vitiate the proceedings initiated thereafter. 10. In the present case, a notice dated 29.07.2022 was issued under Section 148 of the Act after following the procedure as set out in Section 148A of the Act and in terms of the decisions of the Supreme Court in Union of India & Ors. v. Ashish Agarwal (supra). The said notice is in the name of the petitioner and, therefore, cannot be faulted on account of the impugned notice having been issued in the name of a non-existent company. 11. The reassessment proceedings in respect of AY 2014-15 are now being continued pursuant to the notice dated 29.07.2022 issued under Section 148 of the Act and not the impugned notice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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