Thermax Limited Successor To Former ... vs National Faceless Assessment Centre
Judges (2)
Case Significance
Thermax Limited Successor To Former ... vs National Faceless Assessment Centre is a Bombay High Court decision dated November 27, 2024 (citation: ik-27700010). Thermax Limited challenged income tax reassessment notices under Section 148 and consequent assessment orders for AY 2018-19 and 2019-20 issued to a non-existent entity, Thermax Babcock and Wilcox Limited, which had amalgamated with the petitioner effective 01.04.2005 pursuant to a High Court order. The Court held that reassessment proceedings against an amalgamated, non-existent entity were wholly without jurisdiction, non-est, and a nullity, following the Supreme Court's Mahagun Realtors pr The bench comprised Justices Advait M. Sethna and G.S. Kulkarni. The judgment was delivered by Justice G.S. Kulkarni.
Summary
Thermax Limited challenged income tax reassessment notices under Section 148 and consequent assessment orders for AY 2018-19 and 2019-20 issued to a non-existent entity, Thermax Babcock and Wilcox Limited, which had amalgamated with the petitioner effective 01.04.2005 pursuant to a High Court order. The Court held that reassessment proceedings against an amalgamated, non-existent entity were wholly without jurisdiction, non-est, and a nullity, following the Supreme Court's Mahagun Realtors principle. All notices, orders, and consequential penalty notices were quashed.
What was the outcome of Thermax Limited Successor To Former ... vs National Faceless Assessment Centre?
Thermax Limited challenged income tax reassessment notices under Section 148 and consequent assessment orders for AY 2018-19 and 2019-20 issued to a non-existent entity, Thermax Babcock and Wilcox Lim...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-27700010)