2026 (7) TMI 583

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....te: Ms. Shruti D. Vyas, Addl. G.P. a/w Mr. A.R. Deolekar, AGP,. P.C.:- 1. Heard learned counsel for the parties. 2. Rule. Rule is made returnable forthwith by consent of the parties. 3. The Petitioner is a public limited company incorporated under the provisions of Companies Act, 2013. Until 30th June 2017, the Petitioner was registered as a dealer under the Maharashtra Value Added Tax....

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.... Car Refinishes India Pvt. Ltd ("Transferor Company" for short) has amalgamated with the Petitioner company. Accordingly, the Transferor Company ceased to exist with effect from 18th May 2012, pursuant to such amalgamation. 6. The core issue arising in the present proceedings is whether any proceeding for recovery of outstanding tax dues, including issuance of the Demand Notices under MVAT and ....

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.... Respondents be at liberty to pursue action in accordance with law for recovery of any unpaid tax dues along with the interest and penalty from the Petitioner, if the same is otherwise legally permissible. 9. At this juncture, it is pertinent to note that the initial Demand Notices dated 20th March 2020 were issued to a non-existent entity i.e. the Transferor Company. It was on such basis that ....

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....ngly set aside. 11. Before parting with the record, we deem it appropriate to clarify that relief has been granted to the Petitioner in this petition on the premise that Demand Notices issued to a non-existent company are non est in the eyes of law. However, having held so, we clarify that we have not expressed any opinion on the merits of the claims and counter claims of parties. In view there....