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1996 (3) TMI 476

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..... January 4, 1996, passed by the respondent in TNGST 148023/94-95, dated January 4, 1996, and consequently, direct the respondent to drop the proceedings and pass such further orders as this honourable Tribunal may deem fit and proper. Petition on being called today and upon hearing both sides the Tribunal has ordered as follows: The prayer is to set aside the order dated January 4, 1996 passed by .....

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..... m 1st April, 1993. " Since the merger order was dated August 25/26 of 1994 and as the two companies (viz.), Vorion Chemicals Distilleries Limited and Mohan Breweries Distilleries Limited, were two different assessees during the period prior to August 25/26, 1994, and had paid taxes on the sales effected inter se the two companies, the petitioner by their letter dated September 16, 1994 and J .....

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..... Limited, can take effect only prospectively. Thiru Ramamani, the learned Senior Counsel for the petitioner, submits that the respondent erred in law in giving his own interpretation as to when the merger takes effect and in stating that it will have prospective effect only (i.e.), with effect from September 16, 1994 and denying the benefit of merger retrospectively from April 1, 1993. He further .....

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..... n to the respondent to pass fresh orders according to law. It is also open to the petitioner to make any further representation regarding what follows on the basis that the merger is from April 1, 1993. And this Tribunal doth further order that this order on being produced be punctually observed and carried into execution by all concerned. Issued under my hand and the seal of this Tribunal on .....

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