2021 (8) TMI 1407

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....ring for the parties. In this writ petition, petitioner has challenged the impugned notice dated 29th March, 2019 relating to assessment year 2012-13 under Section 148 of the Income Tax Act, 1961 which is a transferee company on the ground that the impugned notice has been issued in the name of company which has already been amalgamated in 2012 and the department has been intimated about this ama....

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....ssment year 2009-10. It is also not in dispute that the respective petitioners-original assessee are ordered to be amalgamated with one Takshashila Gruh Nirman (Subsequently named as Takshahila Realties Pvt. Ltd). The scheme of amalgamation has been sanctioned by this Court, by which the respective petitioners are ordered to be amalgamated into Takshashila Gruh Nirman(Subsequently named as Takshah....

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....red to be amalgamated with effect from 01.04.2009. Notice under Section 148 of the Income Tax Act was issued against and the transferor Company-amalgamating Company on 20.06.2012. The Division Bench of this Court in a writ petition filed by the transferor Company has observed and held that on and from the appointed date, as per the scheme of amalgamation sanctioned by the Court, the transferor Com....

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....cuments for such assessment would therefore be invalid." Learned advocates appearing for the respondents objects to the prayer (b) of the writ petition which learned advocate for the petitioners does not want to press and so far as prayer (a) is concerned learned advocate for the respondents in all his fairness has submitted that he has got no case and could not distinguish the aforesaid judgemen....