2023 (5) TMI 368

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....AND KAMAL KHATA, JJ. For the Petitioner : Mr. Devendra Jain i/by Ms. Namita Chandra   For the respondents : Mr. Akhileshwar Sharma a/w. Ms. Shilpa Goel. ORDER [PER: KAMAL KHATA, J] 1. Rule. By consent of both the parties, Rule made returnable forthwith to dispose of the Petition at the stage of admission. 2. By this Petition under Article 226 of the Constitution, the Petitio....

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.... (1) of the Act on the portal evinced by e-Proceedings Response Acknowledgment. Disregarding the repeated communications by the Petitioner evincing the amalgamation of the erstwhile ERP Infrastructure Projects Private Limited., with the Petitioner, show cause notices dated 26th August 2022, 19th September 2022, assessment order u/s 143 dated 28th September 2022 and consequential notice of demand d....

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....e to dilute in any manner the principles enunciated by the following judgments: i. The judgment of the Apex Court in the case of Saraswati Industrial Syndicate Ltd. vs CIT 186 ITR 278 (SC) which held that when two companies are merged and are so joined, as to form a third company or one is absorbed into one or blended with another; the amalgamating company loses its entity; ii. T....

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.... amalgamating entity ceases to exist upon the approved scheme of amalgamation and the participation in the proceedings by the assessee cannot operate as an estoppel against law. 6. In our view, considering the facts of the present case on the touchstone of the aforestated well settled propositions of law therefore, the Order of assessment u/s 143(3) dated 28th September 2022 and consequential n....