2015 (9) TMI 234

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....nsel with Ms. Lakshmi Gurung, Advocate. ORDER In all these appeals under Section 260A of the Income Tax Act, 1961 ('Act') by the Revenue, the short question that arises for consideration concerns the very legality of the initiation of proceedings against the Respondent Images Credit and Portfolio Private Limited under Section 153C of the Act. 2. The ITAT has in the impugned orders upheld ....

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....h Sainath Associates Pvt. Ltd. ('SAPL'). The amalgamation was to become effective from the 'appointed date i.e. 1st April 2008'. 4. Consequently, on the day the notice was issued to it under Section 153C of the Act i.e. 10th September 2010, the Respondent company had ceased to exist. 5. In the impugned order, the ITAT referred to an earlier decision dated 3rd August 2011of this Court in Spic....

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....here was no reference to the amalgamation. It was noticed by the CIT (A) that it was only on 19th November 2010 that the Respondent referred to its merger with SAPL enclosing a copy of the order of the High Court. In the assessment order, the Assessing Officer ('AO') referred to the Respondent as having amalgamated with SAPL. On the basis of the above facts, learned counsel urged that the decision....