Notice issued under Section 148 to amalgamating company would be valid?
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Notice issued in the name of amalgamating company which has ceased to exist after amalgamation, wherein the amalgamation scheme was approved by the High Court, would not be a valid notice. The same was held in “Gayatri Microns ltd. v. Assistant Commissioner of Income-tax” by the High Court of Gujarat(2020). In such cases notice issued under section 148 in its name would be fundamentally illegal and without jurisdiction.
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