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Bombay HC: Income Tax Reassessment Against Non-Existent Entity Invalid

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Summary

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  • The Bombay High Court has invalidated income tax reassessment proceedings against Vertiv Energy Pvt. Ltd., a company that ceased to exist post-amalgamation.
  • The court ruled that reassessment notices issued in the name of the non-existent entity were baseless, relying on the Supreme Court's precedent in Principal Commissioner of Income Tax v. Maruti Suzuki India Limited.
  • The Revenue's argument regarding non-filing of returns was undermined by their own admission that the amalgamated entity was not required to file separate returns from April 1, 2012.
  • This ruling could set a significant precedent for similar cases involving reassessment against amalgamated entities in India.

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