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2020 (3) TMI 433 - HC - Income TaxValidity of exparte assessment order - Reopening of assessment - scheme of amalgamation - HELD THAT:- i) No return of income has been filed by OAS for the relevant assessment year. However, there are credits in the bank account that are liable to be explained by the entity for the purposes of determination of taxability. ii) The factum of amalgamation was not known to the Income Tax Department. The jurisdictional notice, i.e., notice under Section 148 thus came to be issued to OAS. iii) Receipt of notices by OGT is not denied, since it has appeared before the Assessing Officer bringing to its notice the factum of amalgamation only then. iv) On 14.09.2017, OGT brings to the notice of the Department the merger of OAS with OGT and specifically requests the Department to handover the notice to its office staff, one Mr.Suresh. v) Subsequent notices have been issued to ‘OGT (formally known as OAS)’ and the order of assessment has also been passed in the name of Oasys Greentech Pvt. Limited, i.e., the petitioner. vi) OGT has admittedly filed a return of income in the name of OAS for A.Y.2013-14 even subsequent to amalgamation and also received refunds issued to OAS. The stand of the petitioner to the effect that proceedings for reassessment ought to have been issued only in the name of OGT is clearly misconceived insofar as the Department has not been put to notice of the factum of amalgamation by OGT till 14.09.2017 and the petitioner has also, by filing a return in the name of OAS and receiving refunds addressed to OAS, furthered the impression that OAS is an existing entity. This argument is rejected. No infirmity in law insofar as the impugned proceedings for re-assessment are concerned and the same are held to be valid. Petitioner has sought confirmation as to whether a return of income can be filed manually by it, since it was unable to upload a return electronically, the successor company not having been incorporated for that assessment year. No reply has been given to this letter and instead the impugned order of assessment has come to be passed on 30.12.2017, exparte. Order dated 30.12.2017 is set aside. The petitioner is permitted to file a return within a period of two (2) weeks from today. It is made clear that the assumption of jurisdiction by the respondent/Assessing Officer is perfectly in order. After hearing the petitioner, the Officer shall complete the proceedings for re-assessment on merits within a period of four (4) weeks from date of filing of return.
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