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Showing contexts for: nonexistent entity in M/S. International Maritime & Allied ... vs Deputy Commissioner Of Income-Tax, ... on 16 April, 2025Matching Fragments
4. In view of the above aforesaid, it is clear that the Assessing Officer was duly intimated about the amalgamation of the assessee company with JSW Infrastructure Ltd in the month of July, 2014 itself. Therefore, the subsequent issue of notice u/s 148 of the Act on the non-existent entity, has rendered the entire reassessment as void ab-initio. The Hon'ble High court of Delhi in a recent decision in M/s International Maritime & Allied 6 Services Ltd. (Now merged with M/s JSW Infrastructure Ltd.) case of International Hospital Limited in ITA 116/2023 has discussed all the decisions of Hon'ble Supreme court on the issue in dispute and then held that assessment proceedings against nonexistent entity can't be sustained. The relevant fining of Hon'ble High Court is reproduced as under: