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The main ground on which the impugned order is assailed is that the entity known as M/s.OAS Digital Infrastructures Private Limited to whom notice under section 148 of the Act was issued and based upon which the impugned order has been passed, did not exist at the time of issuance of notice and passing of the impugned order.

Shanti Prime Publication Pvt. Ltd.

Sec. 148 of the Income-Tax Act, 1961—Income escaping assessment - An order of re-assessment passed in terms of the provisions of the IT Act has been challenged on the ground that the entity known as M/s.OAS Digital Infrastructures Private Limited to whom notice under section 148 of the Act was issued and based upon which the impugned order has been passed, did not exist at the time of issuance of notice and passing of the impugned order. Writ petition dismissed observing that “the stand of the petitioner to the effect that proceedings for re-assessment ought to have been issued only in the name of OGT is clearly misconceived insofar as the Department has not been put to notice of the factum of amalgamation by OGT till 14-9-2017 and the petitioner has also, by filing a return in the name of OAS and receiving refunds addressed to OAS, furthered the impression that OAS is an existing entity”. - OASYS GREEN TECH (P.) LTD. V/s ITO - [2020] 272 TAXMAN 147 (MAD)

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