2018 (5) TMI 701

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rth Das, Adv For the Respondent : Ms. Swapna Das, Adv. Mr. Siddhartha Bhattahcaryya, Adv ORDER The Court : The limited question which impresses this Court is whether the arbitral tribunal could have upheld the commissioner's order under Section 263 of the Income Tax Act, 1961 without addressing the appellant's challenge thereto on the ground that the appellant had not been served any noti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eing taken over by another as a going concern, the previous liabilities of the original entity fasten on to the subsequent entity. It can also not be disputed that if a particular assessing officer and a relevant commissioner had jurisdiction over the original entity, such authorities would continue to have jurisdiction to reopen the matter pertaining to previous assessment years when the entity w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d May 6, 2013, issued by the appellant herein to the relevant commissioner that the appellant did not have any prior knowledge of the commissioner reopening the matter or intending to pass any order under Section 263 of the Act. While it appears that the order of the commissioner referred to a notice dated March 18, 2013 and such notice remaining unattended to and a further notice informing the as....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ellant assessee as the successor-in-interest of the original assessee had no notice or knowledge of any hearing fixed by the commissioner prior to the commissioner passing the order under Section 263 of the Act. It is possible that in the wake of the many matters involving the same issue, this special feature of the matter escaped the attention of the tribunal. However, it was imperative for th....