1981 (2) TMI 139

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....her s. 104 proceedings (income-tax on undistributed income of certain companies) in respect of the amalgamating company, Sundaram Motors (P) Ltd., can be initiated and passed against the successor amalgamated company, T.V. Sundaram Iyengar & Sons (P) Ltd. The CIT (Appeals) has held against the department that it cannot be done. Hence, this Deptl. appeal. 2. M/s. T.V. Sundaram Iyengar & sons (P)....

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....n register of the companies. The liability said to be enforced is the liability of the amalgamating company Sundaram Motors (P) Ltd. The question is whether after the amalgamating company Sundaram Motors (P). Ltd. cease to exist, the proceedings can be initiated for enforcement of its s. 104 liability against the successor company, T.V. Sundaram Iyengar & Sons (P) Ltd., the assessee before us. The....

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....e successor has necessarily to fall to the ground. There was no such liability on the part of the amalgamating company Sundaram Motors (P) Ltd. We agree with the line of reasoning and conclusion adopted by the CIT (Appeals). 4. The next argument of the Deptl. Rep. before us was that the Supreme Court in (1976) 105 ITR 219 (SC), CIT vs. J.K. Commrl. Corpn. Ltd. has held that s. 104 proceedings i....