2023 (11) TMI 546

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.... : Dr. Sunil Moti Lala with Mr. Dharan V. Gandhi. For the Respondent-Revenue : Mr. Suresh Kumar. PC:- 1. Writ Petition No. 3034 of 2022 pertains to Assessment Year ("AY") 2016-17 and Writ Petition No. 3505 of 2022 pertains to AY 2017-18. Both Petitions are filed by the same Petitioner and the issue is common. 2. Petitioner is impugning a notice dated 30th March 2021 issued under Sectio....

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....tial illegality and was not merely a procedural violation. Counsel submitted that once a scheme of amalgamation is sanctioned, as held in Saraswati Industrial Syndicate Ltd v. CIT 186 ITR 278 (SC), the amalgamating company ceases to exist in the eyes of the law from the date amalgamation is made effective. In the facts of the present case, the scheme of amalgamation of the amalgamating company, i.....

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....with Petitioner has been admitted and that the amalgamation was also intimated to the Department on 12th May 2016. But the defence taken is for AY 2012-13 and AY 2013-14 when the notices under Section 148 of the Act were served, Petitioner did not protest and participated in the re-assessment proceedings. It is also stated that the PAN of the noticee was not deactivated. 5. In our view, this de....

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....e because there could be cases relating to various years when the company was in existence and it is possible those PAN numbers are picked up for scrutiny or for issuance of refund. That in our view, will not be a sanction for Department to issue notices to a non-existing entity, particularly, when they were aware that the entity was not in existence. 7. In the circumstances, Petitions stand di....