SCN to merged company

[Bhavesh Suthar]

Company ABC has been merged with Company XYZ. Can SCN be issued to ABC post the merger?

AI Summary

Debate on Issuing Show Cause Notice to Merged Company Under Companies Act and CGST Act Post-Merger of ABC and XYZ. In a discussion on the issuance of a Show Cause Notice (SCN) to a merged company, participants debated whether an SCN can be issued to Company ABC after its merger with Company XYZ. Some argued that under the Companies Act, pre-existing rights and obligations allow legal proceedings to continue against the merged entity, implying SCNs can be issued to the resultant company, XYZ. Others contended that since ABC ceases to exist post-merger, the SCN should be directed to the resultant company. References to relevant sections of the CGST Act and legal precedents supported both perspectives.