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2023 (8) TMI 726 - DELHI HIGH COURTReopening of assessment against company ceased to exist - Absence of a Board Resolution accompanying the writ petition - HELD THAT:- This Court finds itself unable to sustain the same bearing in mind the fact that the decision in State Bank of Travancore [2011 (2) TMI 1270 - SUPREME COURT] was rendered in the context of a suit and was thus governed by the provisions of the Code of Civil Procedure, 1908. The present is a writ petition which is duly accompanied by a Power of Attorney and thus the Court finds no ground to hold against the petitioner on this score. The facts which obtain in the present writ petition clearly appear to be identical and raise the question of whether a company which ceases to exist consequent to a Scheme of Arrangement coming to be approved by the National Company Law Tribunal [NCLT] could be proceeded against u/s 148A of the Income Tax Act, 1961. Matter requires consideration. Till the next date of listing, the respondents shall stand restrained from taking further steps pursuant to the impugned show cause notices dated 23 March 2023 and 14 March 2023 marked as Annexures P-11 and P-12.
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