9911796707
TMI Blog2018 (5) TMI 1369X X X X Extracts X X X X X X X X Extracts X X X X ..... he transferee company, its independent existence did not survive, and therefore, would no longer be amenable to assessment proceedings - the notices in the present case would also be invalid - petition allowed. - SPECIAL CIVIL APPLICATION No. 22594 of 2017 With R/SPECIAL CIVIL APPLICATION No. 22601 of 2017 With R/SPECIAL CIVIL APPLICATION No. 22605 of 2017 With R/SPECIAL CIVIL APPLICATION No. 22609 of 2017 With R/SPECIAL CIVIL APPLICATION No. 22621 of 2017 - - - Dated:- 7-3-2018 - MR. AKIL KURESHI AND MR. B.N. KARIA, JJ. For The Petitioner : Mr SN Divatia For The : DS Aff.Not Filed (N), Mrs Mauna M Bhatt And Notice Served By DS COMMON JUDGMENT ( PER : HONOURABLE Mr. JUSTICE AKIL KURESHI) These peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the company had received commission @ 2% in such deals and had thus earned commission income which was unaccounted. The petitioner raised objections to the said notice of reopening under letter dated 21st August 2017. Such objections, however, were rejected by an Order dated 15th November 2017. Hence, the petition. Being conscious of the limitation in a case of reopening where no return was filed, counsel for the petitioners confined himself to the following arguments : [i] That the petitioner-Company had amalgamated with Dharmanath Share Services Private Limited by a judgment of this Court dated 4th May 2012 with effect from 1st April 2010. Since amalgamation, the company had no legal existence. Notice of reopening, therefore, coul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or assessment. Under the circumstances, the notices in the present case would also be invalid. Learned counsel for the Revenue, however, made faint attempt to argue that the impugned notices have been issued not to the transferor company, but to Dharmanath Share Services Private Limited itself. Such contention has to be rejected out of hand. The notice itself is addressed to the Principal Officer/ Director of M/s. Rajendrasuri Financial Services [Gujarat] Private Limited [the present assessee]. By reference, it also records that the company has now merged with Dharmanath Share Services Private Limited, nevertheless, the notice is to M/s. Rajendrasuri Financial Services [Gujarat] Private Limited. Had the Revenue desired to issue notice o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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