2016 (12) TMI 872

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.... In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, all these petitions are taken up for final hearing today. [2.0] In all these petitions under Article 226 of the Constitution of India, respective petitioners have prayed for an appropriate writ, order or direction to quash and set aside the impugned notice /notices under Section 148 of the Income Tax Act issued by the Assessing Officer to reopen the assessment for the Assessment Year 2009-10. [2.1] Number of submissions have been made by the learned Counsels appearing on behalf of the respective parties. However, for the reasons stated hereinbelow, the impugned notices are required to be quashed and ....

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....hence, the Company was existent for the period for which the proceedings are being initiated. Hence, the respective petitioners have preferred the present Special Civil Applications under Article 226 of the Constitution of India. [4.0] Shri J.P. Shah, learned Counsel appearing on behalf of the respective petitioners has relied upon the decision of the Division Bench of this Court in the case of Khurana Engineering Ltd. Vs. Deputy Commissioner of Income- Tax reported in [2014] 364 ITR 600 (Guj.) and it is submitted that once the original assessee is ordered to be amalgamated, notice for assessment / reassessment against the amalgamated Company / transferor Company shall not be sustainable. It is submitted that in the present case when the....

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....lf of the revenue that in the case before the Division Bench notice under Section 142 of the Income Tax Act was for the preappointed date. It is submitted that therefore on facts the said decision shall not be applicable to the facts of the case on hand. [6.0] Heard the learned Counsels appearing on behalf of the respective parties at length. At the outset, it is required to be noted and it is not in dispute that the impugned notices under Section 148 of the Income Tax Act have been issued against the original assessee on 21/01/2011 to reopen the assessment for the Assessment Year 2009-10. It is also not in dispute that the respective petitioners - original assessee are ordered to be amalgamated with one Takshashila Gruh Nirman (subseque....