2023 (4) TMI 1440

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....etitioner : Mr. Avra Mazumder, Mr. Suman Bhowmik, Mr. Samrat Das For the Respondent : Mr. Samarjit Roy Chowdhury ORDER Heard learned advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned notice dated July 27, 2022 relating to assessment year 2016-17 under section 148 of the Income Tax Act, 1961 which is a transferor company on the grounds th....

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....ot in dispute that the impugned notices under section 148 of the Income Tax Act have been issued against the original assessee on 21.01.2011 to reopen the assessment for the Assessment year 2009-10. It is also not in dispute that the respective petitioners-original assessee are ordered to be amalgamated with one Takshasila Gruh Nirman (Subsequently named as Takshashila Realties Pvt. Ltd). The sche....

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....cal question came to be considered by the Division Bench of this Court in the case of Khurana Engineering Ltd. (supra). It was the case where the original assessee Company was ordered 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 wr....

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....ivision Bench has held that the transferor Company would no longer be amenable to the assessment proceedings for the Assessment Year 2010-11, and therefore, notice for producing documents for such assessment would therefore be invalid." Learned advocate for the respondents in all his fairness has submitted that he has got no case and could not distinguish the aforesaid judgement of the Hon'ble ....