2022 (5) TMI 284

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....JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE DINESH KUMAR SHARMA Petitioner Through: Mr.Ved Kumar Jain with Mr.Nischay Kantoor, Advocates. Respondents Through: Mr.Sunil Agarwal, senior standing counsel for the Revenue. J U D G M E N T MANMOHAN, J (Oral): 1. Present writ petitions have been filed challenging the reassessment notices dated 27th March, 2021 and 28th March, 2021 issued under Sect....

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.... the non-existing company is a substantive illegality and not a procedural violation. 3. Learned counsel for the Petitioner states that the income, alleged to have escaped assessment, has been offered to tax in the hands of the amalgamated entity and assessment orders dated 29th December, 2016 and 16th December, 2017 have been passed accepting the same. 4. Learned counsel for the Petitioner furt....

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....e of 'Jindal Exports and Imports Private Limited' (Successor to Jindal Menthol & Investment Private Limited) i.e. the amalgamated entity. He also states that the issue as to whether income has escaped assessment or not is a question of fact which the petitioner can agitate in appeal proceedings. 7. Having heard learned counsel for the parties, this Court is of the view that even if the submission....