Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

The Commissioner of Income-tax and The Assistant Commissioner of Income-tax, Central Circle, Bangalore Versus Intel Technology India (P.) Ltd.

2015 (5) TMI 614 - KARNATAKA HIGH COURT

Proceeding against a non-existing company - Held that:- The proceedings had been initiated against a non-existing company/SSS Limited even after the amalgamation of the said company with M/s Intel Technology India Pvt. Ltd.. We do not see any good ground to differ with the said judgment of the Delhi High Court in Spice Infotainment Ltd. v. CIT [2011 (8) TMI 544 - DELHI HIGH COURT] wherein held that the framing of assessment against the non-existing entity/person goes to the root of the matter wh .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Pvt. Ltd (For short 'SSS Limited'). The said company was amalgamated with the respondent company M/s Intel Technology India Pvt. Ltd. (successor company). The amalgamation order was passed by the High Court of Karnataka on 28.5.2004 and was to be given effect from 1.4.2004. 2. For the relevant assessment year 2003-04, the company - SSS Limited filed its return on 28.11.2003. As per the statement of learned counsel for the appellant, the assessing authority thereafter issued a notice unde .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the appeals were heard together. By order dated 17.4.2009, the Tribunal allowed the appeal of the respondent - company and held that the assessment order passed by the assessing officer was null and void and without jurisdiction and thus, quashed the same. In view of the fact that the assessment order itself was quashed, the appeal filed by the department, which was on merits, was rendered infructuous. Challenging the said order of the Tribunal, these appeals have been filed by the revenue depa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

er with M/s Intel Technology India Pvt. Ltd., was without jurisdiction against the said company and null and void ? (2) Whether the Tribunal was correct in holding that the provisions of section 292B of the Act will not make the assessment valid as a defect/omission to incorporate the name of M/s Intel Technology India Pvt. Ltd., in the assessment order as the same is not in substance and effect in confirmative with or according to the intend and purpose of this Act? (3) Whether the Tribunal has .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

SS Limited much prior to the amalgamation order dated 1.4.2004 and as such, the proceedings would continue against the said company even after the amalgamation, especially when the successor company - M/s Intel Technology India Pvt. Ltd. had participated in the proceedings. Learned counsel for the appellant further submits that the department would be entitled to the benefit of Section 292(B) of the Income Tax Act. 6. On the other hand, learned counsel for the respondent has submitted that any p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version