TMI Blog2016 (12) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... ed into Takshashila Gruh Nirman (subsequently named as Takshahila Realties Pvt. Ltd.) with effect from 01/04/2010. Under the circumstances, when the impugned notices are issued against the original assessee – amalgamating Company on 21/01/2011, it can be said that the same has been issued against the non-existent Company. It cannot be disputed that once the scheme for amalgamation has been sanctioned by the Court with effect from 01/04/2010, from that date amalgamating Company would not be in existence. Under the circumstances, the impugned notices, which are issued against the non existent Company, cannot be sustained and the same deserves to be quashed and set aside. - Decided in favour of assessee - SPECIAL CIVIL APPLICATION NO. 16513 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which has been issued against the amalgamating Company, can be sustained or not? [3.0] Heard the learned Counsel appearing on behalf of the respective parties. It is not in dispute that the respective petitioners are already ordered to be amalgamated with Takshashila Realties Pvt Ltd with effect from 01/04/2010 pursuant to the scheme of amalgamation sanctioned by this Court. It is also not in dispute that the impugned notices under Section 148 of the Income Tax Act to reopen the reassessment for the Assessment Year 2009-10 in the case of the respective petitioners (amalgamating Company) (original assessee) have been issued on 21/01/2011. It is the case on behalf of the respective petitioners that though in the objections, against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... algamating Company is ordered to be amalgamated into Takshashila Gruh Nirman (subsequently named as Takshahila Realties Pvt. Ltd.) such a notice against the non existent Company amalgamating Company is not permissible. Making the above submissions and relying upon the above decision, it is requested to quash and set aside the impugned notices under Section 148 of the Income Tax Act, which are issued against the original assessee amalgamating Company transferor Company. [5.0] Shri Nitin Mehta, learned Counsel appearing on behalf of the revenue has tried to oppose the present petitions by submitting that as the impugned notices under Section 148 of the Income Tax Act are issued to reopen the assessment for the Assessment Year2009-10, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hahila Realties Pvt. Ltd.) with effect from 01/04/2010. Under the circumstances, when the impugned notices are issued against the original assessee amalgamating Company on 21/01/2011, it can be said that the same has been issued against the non-existent Company. It cannot be disputed that once the scheme for amalgamation has been sanctioned by the Court with effect from 01/04/2010, from that date amalgamating Company would not be in existence. Under the circumstances, the impugned notices, which are issued against the non existent Company, cannot be sustained and the same deserves to be quashed and set aside. Identical question came to be considered by the Division Bench of this Court in the case of Khurana Engineering Ltd. (Supra) . I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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