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TMI Blog2015 (10) TMI 2642X X X X Extracts X X X X X X X X Extracts X X X X ..... udan Buildcon Pvt. Ltd. On the basis that in the course of search certain documents belonging to the Assessee company were found, notice was issued to the Assessee under Section 153C (1) on 10th September, 2010. Therefore, not only on the date on which notice was issued but even on the date of the search, the Assessee had ceased to exist in the eyes of law. In Pr. Commissioner of Income Tax (Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CM No.23645/2015 in ITA 367/2013 CM No.23647/2015 in ITA 368/2013 CM No.23643/2015 in ITA 372/2013 1. For the reasons stated in the applications, the delay of 50 days in re-filing the appeals is condoned. 2. The applications are disposed of. ITA No.365/2013 ITA No.366/2013 CM No.23640/2015 ITA No.367/2013 CM No.23644/2015 ITA 368/2013 CM No.23646/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case in holding that the assessment order passed in the case of Assessee is nullity as the Assessee company stood dissolved on amalgamation with M/s B. S. Infratech Pvt. Ltd.? 5. The Court takes up for consideration the above question first. It is not in dispute that the Assessee which was initially incorporated on 1st January, 1999 merged with M/s B. S. Infratech Pvt. Ltd. with effect from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit And Portfolio Pvt. Ltd. ) and order dated 29th September, 2015 in ITA Nos.745, 746,748, 749 and 750/2015 ( Pr. Commissioner of Income Tax (Central-2) v. M/s Mevron Projects Pvt. Ltd. ) invalidated the assessment proceedings against the Assessee in those cases which, on account of having merged with another entity with effect from a date anterior to the search, also no longer existed on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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