Ellenbarie Steels And Allied Industries Ltd. (merged with Kamrup Enterprises Ltd.) vs. Income Tax Officer, Ward 8(1), Kolkata

Parties Involved

Facts Summary

The case involves an appeal filed by Ellenbarie Steels And Allied Industries Ltd., which merged with Kamrup Enterprises Ltd. effective from 01.04.2016 as per the order of the Hon’ble High Court of Calcutta. The Income Tax Officer issued a notice under section 148 of the Income Tax Act, 1961 on 13.07.2022, long after the merger date. The appellant argued that since the company did not exist at the time of the notice, the notice and the subsequent assessment order were illegal. The respondent contended that it was the appellant’s responsibility to inform the tax authorities about the merger.…

Legal Issues

• 1. Whether the notice issued under section 148 of the Income Tax Act, 1961, after the merger of the assessee company, is valid.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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