TaxTMI 
TaxTMI 
2023 (12) TMI 1379
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....Having received a copy of the reason to believe, petitioner raised various objections, which have also been raised in this petition. The primary objection raised is that the notice under Section 148 has been issued to a non existing entity and, therefore, is bad in law. In the objection dated 18th March 2015, petitioner pointed out to the AO that Miranda Tools Private Limited, to which the notice dated 29th March 2014 has been issued under Section 148 of the Act, has been amalgamated with petitioner, i.e., PMP Auto Components Pvt Ltd., w.e.f. 1st Meera Jadhav April 2009. It was also pointed out that in view thereof, the reassessment proceedings initiated is bad in law. Petitioner also raised other grounds that the reopening is based on chan....
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.... 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. Paragraphs 5 and 6 of Alok Knit (Supra) read as under: "5 Mr. Mohanty appearing for respondents submitted that it was a human error which could be corrected under Section 292B of the Act. According to Mr. Mohanty human errors and mistakes cannot and should not nullify proceedings which were otherwise valid and no prejudice has been caused. Mr. Mohanty, relying upon the judgment of the Delhi High Court in Sky Light Hospitality LLP V/s. Assistant Commissioner of Income Tax 1[(2018) 90 taxmann.com 413/254 Taxman 109/40....