TMI Blog2022 (6) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... r ending 2009 is obviously much after the order of this Court approving the scheme of amalgamation dated 26th June, 2009. Be that as it may, by operation of law, the transferor company, namely, M/s. Metco Group Engineers Pvt. Ltd. loses its identity on and after 1st November, 2007 and whatever the liabilities, which are existing as on the said date has to be borne / defended by the appellant, who is the transferee company - the proper course the appellant should have adopted is to get itself substituted in the place of the transferor company, produce all the documents and details in support of its claim and thereafter contest the proposal made by the assessing officer and take order on merits. However, this course having not been adopted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gal Value Added Tax Act was M/s. Metco Group Engineers Pvt. Ltd. The appellant before us is M/s. Mageba Bridge Products Private Limited. The registered dealer, viz. M/s. Metco Group Engineers Pvt. Ltd., (who we shall refer to as the transferor company ) stood amalgamated with the appellant, the transferee company pursuant to a scheme of amalgamation approved by this Court by an order dated 26th June, 2009. It is further submitted that in terms of the scheme of amalgamation, it is to take effect from 1st November, 2007. Therefore, the learned Advocate for the appellant would contend that the assessment proceedings initiated by the assessing officer culminating in an order dated 20th December, 2011 could not have been passed in the name of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period for which the assessment has been made, which is the 4th quarter ending 2009 is obviously much after the order of this Court approving the scheme of amalgamation dated 26th June, 2009. 5. Be that as it may, by operation of law, the transferor company, namely, M/s. Metco Group Engineers Pvt. Ltd. loses its identity on and after 1st November, 2007 and whatever the liabilities, which are existing as on the said date has to be borne / defended by the appellant, who is the transferee company. Therefore, the proper course the appellant should have adopted is to get itself substituted in the place of the transferor company, produce all the documents and details in support of its claim and thereafter contest the proposal made by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant in the place of M/s. Metco Group Engineers Pvt. Ltd. This exercise has to be necessarily done on account of the fact that the registration certificate granted in the name of M/s. Metco Group Engineers Pvt. Ltd. has been cancelled with effect from 1st November, 2007 and rightly so. 8. After the appellant has been substituted, the appellate authority shall grant 7 days time to the appellant to produce all the details and documents including Form C declaration, books of accounts, ledgers, etc. to substantiate its claim. Upon production of those documents, books of accounts and details, the appellate authority shall afford an opportunity of personal hearing to the authorised representative of the appellant and thereafter proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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