2022 (5) TMI 178

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-moto taken on today's board. 2. This is speaking to the Minutes of order dated 23rd March 2022 in Writ Petition (L) No.6755/2022. In paragraph no.9, the citation is partly typed. Hence, paragraph no.9 is replaced as under : "9. This view of the Apex Court was also followed by this Court in Alok Knit Exports Ltd. Vs. Dy. CIT-Circle1(1), Mumbai (2021)283 Taxman 221 where the Court held that noti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ointed date was 01.04.2018. 5. On 15.10.2018 Scope informed respondent no.1 of the date of the meeting directed by the NCLT to consider the Scheme. Date of the meeting was 16.11.2018. The NCLT sanctioned the scheme on 26.09.2019 inter alia declaring 01.04.2018 as the appointed date and Scope stood dissolved w.e.f. 01.04.2018. Amalgamation of Scope with petitioner was taken on record by the Minist....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....etitioner also filed objections to the re-opening and one of the objection was Scope was not in existence on 31.03.2021 and Scope had merged with petitioner by virtue of order dated 30.09.2019 passed by NCLT. It was also brought to the notice of respondent no.1 that respondent no.1 was aware of this fact as Scope as well as petitioner were under same charge and respondent no.1 was also informed o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ner of Income Tax Vs. Maruti Suzuki India Ltd. 2019 (2019) 416 ITR 613 the Apex Court held that the basis on which jurisdiction was invoked was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation and notice issued to non existing company, is not curable defect under Section 292-B of the Act. Notice under which jurisdi....