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2015 (5) TMI 614 - KARNATAKA HIGH COURT

2015 (5) TMI 614 - KARNATAKA HIGH COURT - [2016] 380 ITR 272 - 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 t .....

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ase of the assessee - M/s Software & Silicon Systems India 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 app .....

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d an appeal before the Tribunal and so did the department. Both 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 .....

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n Systems India Pvt. Ltd., after being intimated about the merger 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 t .....

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tted that the return of income had been filed by the assessee-SSS 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 ha .....

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