2023 (11) TMI 757

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....d order are extracted hereafter: "2. This writ petition broadly concerns interpretation of the provisions of Section 170A of the Income Tax Act, 1961 [in short "Act"]. 3. Ms Kavita Jha, who appears on behalf of the petitioner, says that insofar as the petitioner is concerned, it had filed its original return on 15.03.2022 concerning assessment Year (AY) 2021-2022. 3.1 This return, Ms Jha says, was filed prior to the amalgamation scheme being sanctioned. We are informed that the amalgamation scheme was sanctioned/approved by the National Company Law Tribunal (NCLT) on 30.06.2022. 4. It is Ms Jha's contention, that consequent to the amalgamation scheme being sanctioned/approved, 15 companies stand amalgamat....

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....tioner. 7. Therefore, in order to avoid further complications, we are inclined to direct the assessing officer to stay his/her hands and not continue with the assessment proceedings till such point in time when the period for filing modified return in the prescribed form and manner reaches the end date i.e., 31.03.2023. 8. Since this matter involves interpretation of Section 170A of the Act, we would like Mr Zoheb Hossain, who appears on behalf of the respondents/revenue, to file a counter-affidavit and assist us in the matter and, perhaps, also request the CBDT to look into the difficulties that the assessees, who are similarly circumstanced, may face. 9. Accordingly, issue notice to the respondents/revenue. ....