2025 (9) TMI 1392

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....he Assessee : Shri Vishal Kalra, Advocate, Shri Ankit Sahani, Advocate & Shri Yishu Goel, AR For The Revenue : Shri S.K. Jadhav, CIT-DR ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the final assessment order dated 30.03.2021 passed u/s 143(3) r.w.s. 144C (13) r.w.s. 143(3A & 143(3B) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') by ....

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....ssessee as Calypto Design Systems India Pvt. Ltd. and the verification was also done by the Managing Director of Calypto Design Systems India Pvt. Ltd. 4. We have given thoughtful consideration to the material on record and the submissions. It came up during hearing that the notice u/s 142(1) of the Act dated 06.11.2019 was issued in the name of Calypto Design Systems India Pvt. Ltd and the nam....

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....the copy of this is placed before us in the paper book at pages 27-30 of the paper book. We consider it appropriate to reproduce the relevant part of this letter dated 19.03.2018 as below:- "3. Going through the above provisions, it is noted that all tax liabilities and all open appeals/ assessments will be enforced and continued against the Transferee Company i.e. Mentor Graphics (India)....

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....f Calypto Design Systems India Pvt. Ltd and made no reference of the merger. Thus, the final assessment order dated 30.03.2021 passed by NeAC in the name of non-existing entity is certainly not sustainable. The Department and AO were quite aware of the merger. Still at every stage the fact of merger though in the knowledge of the ld. officers was not reflected in the final orders to ensure that li....