2023 (4) TMI 198

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....nd Mr.A.Radha Krishna, learned Standing Counsel, Income Tax Department for the second respondent. 2. By filing this petition under Article 226 of the Constitution of India, petitioner has assailed legality and validity of the notice dated 29.06.2021 issued by the second respondent under Section 148 of the Income Tax Act, 1961 (briefly 'the Act' hereinafter). 3. The challenge has been made on two grounds:- (i) After 01.04.2021, the procedure for re-assessment has undergone a change by insertion of Section 148A of the Act. Instead of following the procedure laid down under Section 148A of the Act, second respondent had issued the notice under Section 148 of the Act; and (ii) Impugned notice was issued to Polaris Consulting and Services ....

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....contended that the noticee is no longer in existence having merged with the petitioner following order passed by the National Company Law Tribunal, Chennai. In this connection, learned counsel for the petitioner has placed before us a letter dated 12.07.2021 issued by the Principal Commissioner of Income Tax (DR), 'D' Bench, ITAT, Chennai addressed to the President of ITAT, Mumbai, which says that M/s. Polaris Consulting Services Pvt. Ltd. (noticee) stood merged with M/s. Virtusa Consulting Services Pvt. Ltd. (petitioner) pursuant to order of National Company Law Tribunal dated 09.12.2019. Supreme Court in Principal Commissioner of Income Tax vs. Maruti Suzuki India Limited [416 ITR 613] has held that issuance of notice to a company whic....

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....f ITAT, Mumbai. However, Mr.Radha Krishna, learned Standing Counsel submits that the aforesaid communication is post the notice dated 29.06.2021. 8. Without entering into the above controversy, what is evident is that by an order dated 09.12.2019 passed by the NCLT, Polaris Consulting Services Limited stood merged with M/s.Virtusa Consulting Services Private Limited. As a matter of fact, Principal Commissioner of Income Tax - IV, Chennai had issued notification No.3/2020 - 2021 dated 13.04.2021 transferring the assessment jurisdiction from Assessing Officer in Chennai to Assessing Officer in Hyderabad, following the merger. This notification is prior to the issuance of the impugned notice. 9. Be that as it may, in Maruti Suzuki (supra), S....