2021 (12) TMI 714

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....la, Senior Advocate a/w. Mr. Niraj Sheth i/b. Mr. Atul K. Jasani for petitioner. Mr. Suresh Kumar for respondents.   P.C. : 1. Petitioner is impugning an order dated 4th December 2019 passed by respondent rejecting the objections raised by petitioner for Assessment Year 2014-2015 for the notice issued under Section 148 of the Income Tax Act, 1961 (the said Act). 2. One of the main....

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....ies and on 10th December 2018 intimation was also given to respondent no.1. In the letter dated 10th December 2018, it is expressly mentioned "Accordingly, the company has ceased to exist w.e.f. November 30, 2018, i.e., from the date of filing of e-form INC-28 with ROC" and this letter has been issued by petitioner on behalf of merged entity "Vadinar Power Company Limited". Even the letterhead sho....

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.... On 28th September 2019 once again respondent issued notice to Vadinar Power Company Limited, a non existing company. Petitioner responded by a letter dated 14th October 2019 where once again it was mentioned "Nayara Energy Limited (on behalf of merged company) and also (on behalf of merged entity Vadinar Power Company Limited). On 18th October 2019, reasons recorded for reopening the assessment f....

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....der Section 148 of the said Act to a non existing company is bad in law and therefore, even the order disposing of the objections passed will also be bad in law. 6. In the circumstances, petition is allowed in terms of prayer clause - (a) which reads as under : (a) to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order or Direction unde....