2024 (6) TMI 154

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction in the nature of mandamus directing the respondents to issue acknowledgement and process the Revised Return for A.Y. 2022-23 of the petitioner u/s 170-A of the Act as submitted/filed along with letter dated 20.02.2024 (Annexure-7) and email dated 22.02.2024 (Annexure-8) of the petitioner." 3. Upon first hearing learned counsel for the parties, we made following observations in the order dated 7.5.2024: "2. Petitioner is a company duly incorporated under the provisions of Companies Act, 1956. It has its registered office at Kanpur. Its PAN is also registered at Kanpur. In such circumstances, the petitioner was being assessed to tax at Kanpur. Later, its assessment came to be centralized at Delhi. Therefore, while return may....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rities are of the view that the PAN of the merged entity M/s BRG Iron & Steel Co. Pvt. Ltd. may first be transferred to Delhi from Kolkata and only then the revised return of the petitioner may be uploaded. 2. Prima facie, we find the stand taken by the revenue authorities to be untenable in law. Once M/s BRG Iron & Steel Co. Pvt. Ltd. stands merged in the petitioner's company, that entity and identity do not exist as on date. Therefore, there may neither exist authority on behalf of such entity nor there exists occasion for such transfer. 3. Shri Ashish Agrawal, learned counsel for respondent no.3 prays for and is granted three days further time to obtain further instructions. 4. Put up as fresh on 27.5.2024.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 8. If the resolution is found in the next two days, personal affidavit may remain exempt." 6. Amused as we may be, but not surprised, the desired resolution is reported to have been made within two hours of the last order being passed. Clearly, the solution was existing, but was not being applied for reasons which we may speculate but not have time to investigate. 7. Consequently, it is noted that the income tax return of the petitioner has been uploaded and that there is no grievance remaining. The acknowledgement of the return filed has also been received by the petitioner. 8. Accordingly, the proceedings stand disposed of in view of the resolution made. 9. At the same time, we have recorded the details of the proceed....