A Bench of the Apex Court, headed by Justice A. K. Sikri dismissed the petition filed by Sky Light Hospitality. Sky Light Hospitality, which is now converted into a limited liability partnership, had challenged the re-assessment notice issued by the Income Tax (IT) Department in the name of the erstwhile private limited company.
Sky Light Hospitality LLP had in May 2016 taken over and acquired rights and liabilities of Sky Light Hospitality Private Limited. As per the reports, Sky Light Hospitality allegedly took Rs five crore loan from DLF, purportedly used the money to purchase a piece of land, and later sold the same land to DLF for Rs 50 crore.
The petitioner claimed that the IT Department issued the notice to Sky Light Hospitality Private Limited which had ceased to exist and was dissolved in May 2016. The petitioner further contended that the notice was issued to a dead juristic person and was invalid.