TaxTMI 
TaxTMI 
2023 (11) TMI 448
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....ma For the Petitioner : Shri Sumit Nema, Learned Senior Advocate Assisted By Ms.Preena Salgia, Counsel For the Respondents : Ms. Veena Mandlik, Counsel ORDER This order shall govern disposal of aforesaid writ petition Nos. 11190/2022, 13915/2023 and 10676/2023. Regard being had to the similitude of the controversy involved in the aforesaid petitions, they have been heard analogously and disposed of by this singular order. 2. For the sake of convenience, facts of W.P. No. 11190/2022 are taken. 3. In this petition under Article 226/227 of the Constitution of India, the petitioner is challenging notice dated 15.03.2022 issued under Section 148A of the Income Tax Act, 1961 ('the Act'), order dated 31.03.2022 issued under Section 1....
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....ted into (PATH). 5. Despite being aware of the aforesaid fact, a show-cause notice dated 15.03.2022 under Section 148A was issued in the name of (JBPPL) seeking to reopen the assessment for (JBPPL) for the assessment year 2018-19 on the ground that the Assessing Officer had reasons to believe that the income chargeable to tax for the said assessment year 2018-19 has escaped assessment within the meaning of Section 147 of the Act. It was stated that as per the information available with the IT department, (JBPPL) had engaged in certain transaction in the A.Y. 2018-19 and had not filed its income tax return for the same. Upon receipt of the show-cause notice, reply was submitted by the petitioner informing that since amalgamation had taken e....
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.... involved in change and the rights of the share holders and creditors are varied, it amounts to reconstruction or reorganisation or scheme of arrangement. In amalgamation two or more companies are fused into one by merger or by taking over by another. Reconstruction or 'amalgamation' has no precise legal meaning. The amalgamation is a blending of two or more existing undertakings into one undertaking, the share holders of each blending company become substantially the share holders in the company which is to carry on the blended undertakings. There may be amalgamation either by the transfer of two or more undertakings to a new company, or by the transfer of one or more undertakings to an existing company. Strictly 'amalgamation&....
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....have an independent existence, could not have filed any return of income for A.Y. 2018-19. In support of his case, he has also placed reliance on the judgment in case of Calcutta Discount Company Ltd. Income Tax Officer, Companies District, I & Ors. AIR 1961 SC 372. 9. Per contra, learned counsel appearing for the respondents submits that after appointed date, various transactions were made by the PAN of the assessee (JBPPL), which were not accounted for. Therefore, notices were issued for reopening of the assessment for the assessment year 2018-19. Learned counsel further contended that in case of any grievance, the petitioner has the remedy of challenging the same in terms of Section 246 of the Income Tax Act, wherein provision of appeal....
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....rt in case of Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai & Ors (1998) 8 SCC 1 wherein it is held that the alternative remedy is not a bar, at least three contingencies, namely, where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the virus of the Act is challenged. 11. Heard learned counsel for the parties. 12. So far as argument raised by counsel for the respondent regarding availability of alternative remedy of appeal, is concerned, it is well settled that when the order is without jurisdiction and appears to be passed in blatant exercise of po....
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....d the appeal of the Revenue in Spice Enfotainment on 2 November 2017. The decision in Spice Enfotainment has been followed in the case of the respondent while dismissing the Special Leave Petition for AY 2011-2012. In doing so, this Court has relied on the decision in CIT vs. Spice Enfotainment Ltd. (2012) 247 CTR (Del) 500] .'' 15. Hence, the controversy involved in the present petition is no longer res integra. The Apex Court in case of Principal Commissioner of Income Tax, New Delhi vs. Maruti Suzuki (supra) has categorically held that if the company has ceased to exist as a result of the approved scheme of amalgamation, then in that case, the jurisdictional notice issued in its name would be fundamentally illegal and without ju....