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TaxTMI 
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2024 (12) TMI 913
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....MENT (PER G. S. KULKARNI, J.) :- 1. Rule, returnable forthwith. Respondents waive service. By consent of the parties, heard finally as a short issue of law is involved. 2. A short issue is involved in both these petitions, which pertain to the assessment years 2018-19 and 2019-20 respectively. The challenge as mounted in the present writ petitions is to an action initiated by the respondents against the petitioner under the provisions of Section 148A of the Income Tax Act, 1961 (for short, the "IT Act") by issuance of a notice under Section 148A (b) of the IT Act and in passing an order under Section 148A (d) so as to reopen the assessment for these assessment years. Consequent thereto, a notice under Section 148 of the IT Act wa....
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.... year i.e. 2006-07, but for several other years, which disclose and take into account that the erstwhile 'Thermax Babcock' was a non-existing company being amalgamated with the petitioner. 6. Mr. Shah, learned counsel for the petitioner has drawn our attention to the proceedings which were initiated against Thermax Babcock, although addressed to the petitioner namely of a notice issued under Section 148A (b) of the IT Act. This notice was responded by the petitioner pointing out that Thermax Babcock had ceased to exist with effect from 01 April 2005 in pursuance of an order dated 09 December 2005 passed by this Court on the amalgamation proceedings (supra). Considering such response from the petitioner, the Assessing Officer was pleased to....
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....lcox Limited. Since the company was amalgamated in FY 2005-06, there has not been a single transaction carried out by assessee under this PAN AAACT3908K after 31st March 2006. B. So, it is to be noted that that erstwhile Thermax Babcock and Wilcox Limited have been amalgamated with Thermax Limited (PAN: AAACT3910D) w.e.f. 01/04/2005 and transactions are reported against this PAN. So, issuing notice in this case will be void ab initio as it is non existing entity. So, notice u/s. 148 need not be issued in this case. C. However, as claimed by the assessee himself, these transactions are related with Thermax Ltd. (AAACT3910D). though the assessee in its submission has claimed that these transactions have been considered while filing ITR ....
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....rt in Uber India Systems Private Limited vs. Assistant Commissioner of Income & Ors. Writ Petition (L.) No. 23562 of 2024 decided on 08 October 2024 by a co-ordinate Bench of this Court of which one of us (G. S. Kulkarni, J.) was a member. In such decision, in similar circumstances, the Court taking into consideration the decision of the Supreme Court in Principal Commissioner of Income-Tax v. Maruti Suzuki India Ltd. (supra) had quashed and set aside similar action initiated by the department. The Court, in such context has made the following observations:- "11. Now coming to the challenge to the impugned notice as raised by the Petitioner. Having perused the record as also the decisions as relied by Mr. Mistri, we are persuaded to accep....
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....e in Spice Enfotainment (supra) on 2 November 2017. The decision in Spice Enfotainment has been followed in the case of the respondent while dismissing the Special Leave Petition for AY 2011-2012. In doing so, this Court has relied on the decision in Spice Enfotainment (supra). 12. The decision of the Supreme Court in Maruti Suzuki India Ltd. (supra) is followed by a Co-ordinate Bench of this Court to allow Teleperformance Global Services (P.) Ltd. (supra), the facts therein being identical to the case in hand. The relevant observations of this Court in the decision of Teleperformance Global Services (P.) Ltd. (supra) are required to be noted which read thus:- "22. The Supreme Court in the case of Maruti Suzuki India Ltd. (supra) had ....
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....he Supreme Court had also taken note of decision in Spice Entertainment Ltd. (supra) was followed by Delhi high court in matters, viz. CIT v. Dimension Apparels (P.) Ltd. [2014].52 taxmann.com 356/[2015] 370 ITR 288, CIT v. Micron Steels (P.) Ltd. [2015] 59 taxmann.com 470/233 Taxman 120/372 ITR 386 (Mag.); CIT v. Micra India (P.) Ltd. [2015]_57 taxmann.com 163/231 Taxman 809 and in CIT v. Intel Technology India Ltd. [2016] 380 UTE 272 Karnataka high court has held, if a statutory notice is issued in the name of non-existing entity, entire assessment would be nullity in the eye of law. It has also been so held by Delhi high court in the case of Pr. CIT v. Nokia Solutions & Network India (P.) Ltd. [2018].90 taxmann.com 369/253 Taxman 409/402....