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2018 (5) TMI 1369 - HC - Income TaxReopening of assessement - case of petitioner is that Since amalgamation, the company had no legal existence - also, it was claimed that M/s. Dharmanath Share & Services Private Limited was subjected to assessment under Section 153 [C] of the Act in which entire transactions; including the commission amount, have been taxed. The same cannot now be taxed in the hands of assessee - Held that: - Division Bench of this Court in case of Khurana Engineering Limited v. Deputy Commissioner of Income Tax, [2013 (2) TMI 128 - GUJARAT HIGH COURT] had held that once the assessee company had amalgamated with the transferee company, its independent existence did not survive, and therefore, would no longer be amenable to assessment proceedings - the notices in the present case would also be invalid - petition allowed.
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