Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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The High Court held that the reopening notice issued u/s 148 against a non-existent entity, i.e., the amalgamating company that had ceased to exist due to an approved scheme of amalgamation, was invalid and illegal. Despite being informed about the amalgamation, the Assessing Officer issued the jurisdictional notice solely in the name of the amalgamating company, which was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation. The appellant's participation in the proceedings cannot operate as an estoppel against law. The Assessing Officer lacked legal basis and jurisdiction to issue the impugned notice u/s 148A(b), pass an order thereon, and further issue the impugned notice u/s 148 to a non-existing entity. Such notices were illegal, invalid, and non-est from the outset. The decision was in favor of the assessee.
The High Court held that the reopening notice issued u/s 148 against a non-existent entity, i.e., the amalgamating company that had ceased to exist due to an approved scheme of amalgamation, was invalid and illegal. Despite being informed about the amalgamation, the Assessing Officer issued the jurisdictional notice solely in the name of the amalgamating company, which was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation. The appellant's participation in the proceedings cannot operate as an estoppel against law. The Assessing Officer lacked legal basis and jurisdiction to issue the impugned notice u/s 148A(b), pass an order thereon, and further issue the impugned notice u/s 148 to a non-existing entity. Such notices were illegal, invalid, and non-est from the outset. The decision was in favor of the assessee.
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