Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Where a scheme of amalgamation resulted in dissolution of the...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review directed.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Where a scheme of amalgamation resulted in dissolution of the transferor and filing of modified returns by the successor, assessment proceedings must recognise the business reorganisation and the modified return; draft assessment and giving-effect orders issued in names of separate pre-amalgamation entities were quashed as inconsistent with that statutory scheme. The successor's modified return filed under the reorganisation framework must be examined by the Transfer Pricing Officer and a fresh merits order passed, after which the taxpayer may approach the Dispute Resolution mechanism or accept the order. Proceedings against dissolved transferor risking dual demands are impermissible.
Where a scheme of amalgamation resulted in dissolution of the transferor and filing of modified returns by the successor, assessment proceedings must recognise the business reorganisation and the modified return; draft assessment and giving-effect orders issued in names of separate pre-amalgamation entities were quashed as inconsistent with that statutory scheme. The successor's modified return filed under the reorganisation framework must be examined by the Transfer Pricing Officer and a fresh merits order passed, after which the taxpayer may approach the Dispute Resolution mechanism or accept the order. Proceedings against dissolved transferor risking dual demands are impermissible.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
