TMI Blog2023 (5) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... eavily relied upon the earlier decision of the High Court in the case of IRM Limited [ 2016 (7) TMI 972 - GUJARAT HIGH COURT] which was rendered after following the decision of this Court in Marshall Sons Co. (India) Ltd. [ 1996 (11) TMI 6 - SUPREME COURT] as held once the scheme is sanctioned, the same would relate back to the appointed date of amalgamation. Revenue is not in a position to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23-07-2019 passed by the High Court of Gujarat at Ahmedabad in Tax Appeal No. 311/2019, the Revenue has preferred the present Special Leave Petition. We have heard Shri N Venkataraman, learned ASG appearing on behalf of the Revenue. From the impugned judgment and order passed by the High Court, it appears that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said scheme is conditional upon the scheme being sanctioned under Section 391 of the Act and the appropriate orders for the implementation of this scheme being made under Section 394 of the Act by the High Courts of Tamil Nadu and Calcutta . Clause (8) further provides that the implementation of the said scheme is conditional also upon shareholders holding not less than ninetenths in val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the date on which the amalgamation should be deemed to have come into being is not January 1, 1982 but January 20, 1984/February 24, 1984, on which dates the Madras and Calcutta High Courts respectively approved the scheme. In other words, the High Court has taken the view that in the absence of any date being specified in the order of the High Court as the date of amalgamation, the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of this Court taking a contrary view than the view taken in the case of Marshall Sons Co. (India) Ltd. (supra). In view of the above, the impugned judgment and order passed by the High Court does not require any interference of this Court. Under the circumstances, the present Special Leave Petition deserves to be dismissed and is accordingly dismissed. Pending application(s), if ..... X X X X Extracts X X X X X X X X Extracts X X X X
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