2015 (5) TMI 614

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....ccessor company). The amalgamation order was passed by the High Court of Karnataka on 28.5.2004 and was to be given effect from 1.4.2004. 2. For the relevant assessment year 2003-04, the company - SSS Limited filed its return on 28.11.2003. As per the statement of learned counsel for the appellant, the assessing authority thereafter issued a notice under Section 143(2) of the Income Tax Act, 1961 on 14.10.2004. The assessment order was passed on 27.03.2006. Challenging the said assessment order, the company - SSS Limited filed an appeal before the Commissioner of Income Tax (Appeal) which was decided by the Commissioner vide order dated 31.1.2008 and partial relief was given to the assessee- SSS Limited. The respondent - company, which was....

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....effect in confirmative with or according to the intend and purpose of this Act? (3) Whether the Tribunal has to examine the matter on merits and record finding on the controversy raised before it both by the revenue as well as the assessee in their separate appeals? 5. The tribunal had rejected the claim of the department on the ground that the assessment proceedings against SSS Limited (which was non-existent on the date of passing of the assessment order) cannot be held to be valid proceedings, learned counsel for the appellant has submitted that the return of income had been filed by the assessee-SSS Limited much prior to the amalgamation order dated 1.4.2004 and as such, the proceedings would continue against the said company even af....