2025 (8) TMI 215

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....DER The Court: 1) The instant writ petition has been filed inter alia praying for a direction upon the respondents to refund a sum of Rs. 3,91,678/- for the assessment year 2014-15 which has been approved by the Principal Commissioner of the Income Tax - 1, Kolkata in favour of M/s. KNS Exports Private Limited, a company which had been amalgamated with the petitioner pursuant to and in terms of ....

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....t is taken in the accounts as on the date immediately preceding the appointed date shall also belong to and be received by the transferee company. It is submitted that the Income Tax Officer, Ward - 2(1) Kolkata has since on 8th February 2022 passed an assessment order under the (Vivad Se Vishwas Act) whereunder the aforesaid sum of Rs. 3,91,678/- has become refundable to the aforesaid KNS Exports....

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....senting the respective parties and noting that the scheme of amalgamation has been sanctioned by National Company Law Tribunal, Kolkata Bench in CP(CAA) No. 301/KB/2019 dated 9th July 2019 where under the said KNS Exports Private Limited stood amalgamated with the petitioner on and from the appointed date being 1st April 2018, and having regard to the terms of the scheme, I am of the view that if ....