TMI Blog2023 (12) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner Company had concealed any investment because once the petitioner Company/Transferor Company is merged with the Transferee Company, the entire investment will stand transferred in the name of the Transferee Company and same also got reflected in the Book of Accounts of the Transferee Company. Hence, the interest of the revenue was no way affected. However, without verifying the same, the respondent had issued notice in the name of the petitioner Company/Transferor Company [which is not in existence on and from 14.10.2011], even after receipt of the communication of merger vide letter dated 29.03.2012 and passed the impugned Assessment Order. Hence, for all the aforesaid reasons, the impugned Assessment Order is liable to be set a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Bombay High Court in Company Scheme Petition No.511 of 2011. While so, the show cause notice was issued on 15.11.2021 for the Assessment Year 2013-14 [Financial Year 2012-13]. On the date of the show cause notice, the petitioner Company/Transferor Company had already got merged with the Transferee Company and the Transferor Company was dissolved even on the date of the order passed by the Hon'ble Bombay High Court viz., 14.10.2011 and therefore, the petitioner Company/Transferor Company was not in existence on the date of issuance of the show cause notice. Hence, the learned counsel for the petitioner prays for setting aside the impugned Assessment Order. 4. On the other hand, Ms.S.Premalatha, Junior Standing Counsel representing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.Shapoorji Pallonji Samalpatti Operator Services Private Limited got merged with the Transferee Company viz., Shapoorji Pallonji Infrastructure Capital Company Private Limited by virtue of an order dated 14.10.2011 passed by Hon'ble Bombay High Court in Company Scheme Petition No.511 of 2011. On the very same day viz., 14.10.2011, the petitioner Company/Transferor Company got dissolved and only thereafter, the respondent department had initiated proceedings under Section 148 of the Income Tax Act, 1961 against the non-existing entity. It is a well settled principle that if any notice is issued against a non-existent entity and if any order came to be passed pursuant to the said notice, the said order is non sustainable in law and accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner Company/Transferor Company [which is not in existence on and from 14.10.2011], even after receipt of the communication of merger vide letter dated 29.03.2012 and passed the impugned Assessment Order. Hence, for all the aforesaid reasons, the impugned Assessment Order is liable to be set aside and accordingly set aside. 8. At this juncture, learned standing counsel representing on behalf of the respondent seeks leave of this Court to remand the matter back to the respondent to pass Assessment Order afresh. However, in the case on hand, as the petitioner Company/Transferor Company got merged with the Transferee Company on and from 14.10.2011 by virtue of the order dated 14.10.2011 passed by the Hon'ble Bombay High Court in C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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