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2018 (5) TMI 897 - ITAT LUCKNOWReopening of assesseemnt u/s 147/148 - assessment order passed against assessee-company, which did not exist on account of its merger with another company - Held that:- There may be amalgamation either by the transfer of two or more undertakings to a new Company, or by the transfer of one or more undertakings to an existing Company. The amalgamation does not cover the mere acquisition by a Company of the share capital of other Company which remains in existence and continues its undertaking but the context in which the term is used may show that it is intended to include such an acquisition. In the present case it is seen that M/s Chandak Housing Pvt. Ltd. has amalgamated with M/s Chandak Builders & Developers Pvt. Ltd. w.e.f. 1/4/2012 by the direction of the Hon'ble jurisdictional High Court vide order dated 6/11/2012. Once the company is amalgamated with another company, it loses its existence from the effective date and the Assessing Officer cannot take action under section 147/148 in the case of the assessee being non-existent from the effective date and further no consequential assessment can be made under section 143(3) of the Act. No infirmity with the findings of the CIT(A) and the order of the ld. CIT(A) declaring the action taken by the Department under section 147/148/143(3) of the Act as void ab-initio, is sustained. - Decided against revenue
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