https://www.taxtmi.com/caselaws?id=458754 ITAT Kolkata allowed the appeal, holding that reopening assessment against a non-existent amalgamated company was invalid. Following SC precedent in PCIT vs. Maruti Suzuki India Ltd., the tribunal ruled that issuing notice under section 148 to an amalgamated entity that ceased to exist upon scheme approval constituted an incurable jurisdictional defect under section 292B. The AO had knowledge of the amalgamation but erroneously assumed jurisdiction over the non-existing entity, making the proceedings fundamentally flawed and legally unsustainable. en-us Tue, 09 May 2023 00:00:00 +0530 Thu, 14 Nov 2024 19:06:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458754 ITAT Kolkata allowed the appeal, holding that reopening assessment against a non-existent amalgamated company was invalid. Following SC precedent in PCIT vs. Maruti Suzuki India Ltd., the tribunal ruled that issuing notice under section 148 to an amalgamated entity that ceased to exist upon scheme approval constituted an incurable jurisdictional defect under section 292B. The AO had knowledge of the amalgamation but erroneously assumed jurisdiction over the non-existing entity, making the proceedings fundamentally flawed and legally unsustainable. Case-Laws Income Tax Tue, 09 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458754