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2022 (6) TMI 425 - CST, VAT & Sales Tax
Validity of assessment order - all the three authorities were of the view that no reconciliation statement has been produced, books of accounts have not been produced and therefore, the assessment was completed is in the nature of best judgment assessment - HELD THAT:- Partially the appellant has to be blamed for the present position. The transferor company stood amalgamated with the appellant with effect from 1st November, 2007 though the scheme of amalgamation was approved by this Court on 26th June, 2009. The period for which the assessment has been made, which is the 4th quarter ending 2009 is obviously much after the order of this Court approving the scheme of amalgamation dated 26th June, 2009.
Be that as it may, by operation of law, the transferor company, namely, M/s. Metco Group Engineers Pvt. Ltd. loses its identity on and after 1st November, 2007 and whatever the liabilities, which are existing as on the said date has to be borne / defended by the appellant, who is the transferee company - the proper course the appellant should have adopted is to get itself substituted in the place of the transferor company, produce all the documents and details in support of its claim and thereafter contest the proposal made by the assessing officer and take order on merits. However, this course having not been adopted, it is only the appellant, who has to be held responsible for the present situation.
The matter can be remanded to the lower authorities for fresh considerations - writ appeal allowed.