TaxTMI 
TaxTMI 
2016 (12) TMI 1554
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....g today. 3.00. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction to quash and set aside the impugned notice issued under section 148 of the Income Tax Act, 1961 (hereinafter referred to as "the Act" for short) issued by the Assessing Officer to reopen the assessment for the Assessment Year 2009-2010 in the case of the original assessee - M/s. Accurate Finstock Private Limited. 4.00. Number of submissions have been made by the learned advocates appearing on behalf of the respective parties. However, for the reasons stated hereinbelow, the impugned notice is required to be quashed and set aside only on one ground without touching and/or considering ....
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.... herein filed Special Civil Application No.18783 of 2016 before this Court challenging the impugned notice isused under section 148 of the Act on merits as well as on the ground that the reassessment proceedings initiated against the original assessee cannot be sustained as the original assessee is not in existence. However, no such objection was raised by the assessee before the A.O. and therefore, the aforesaid Special Civil Application came to be disposed of by this Court by relegating the petitioner to raise appropriate objection before the respondent authority. That thereafter, the petitioner raised an objection before the respondent authority objecting to reassessment proceedings against the original assessee being not in existence. T....
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....oner - assessee Company, the impugned notice against the non-existent Company is not not permissible. Making the above submissions and relying upon the above decision, it is requested to quash and set aside the impugned notice under Section 148 of the Act, which has been issued against the original assessee - transferor Company. 7.00. Mrs.Bhatt, learned counsel appearing on behalf of the revenue has tried to oppose the present petition by submitting that the impugned notice issued under section 148 of the Act to reopen the reassessment proceedings for the A.Y. 2009-2010 and therefore, at the relevant time during the assessment year under consideration, the assessee Company was in existence and therefore, the impugned notice under section 1....
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.... once the scheme of merger has been sanctioned by the Court with effect from a particular date, from that date the transferor Company would not be in existence. Under the circumstances, the impugned notice which has been issued against non-existent Company alone cannot be sustained and the same deserves to be quashed and set aside. 8.02. Identical question came to be considered by the Division Bench of this Court in the case of Khurana Engineering Ltd. (supra). It was the case where the original assessee Company was ordered to be amalgamated with effect from 01/04/2009. Notice under Section 148 of the Income Tax Act was issued against and the transferor Company amalgamating Company on 20/06/2012. The Division Bench of this Court in a writ ....