9911796707
TMI Blog2019 (6) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... t. In plain terms, the entire assessment concerns the amalgamating company. When the notice of reopening of assessment was issued, the said company had already merged with the petitioner company. The petitioner company neither had been served with the notice of reopening of assessment, nor had any occasion to participate in such re-assessment proceedings. Obviously, therefore, the order of assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Mr. Sham V. Walve for Respondent No.2. P.C.:- 1. Petitioner has challenged a recovery notice dated 12th March, 2018 as at annexure-A to the petition issued by the Income Tax Officer, Mumbai-Respondent No.2 herein. 2. Briefly stated, the facts are that:- For the assessment year 2010-11, one M/s Mahadev Floorings (India) Private Limited had filed the return of income. This company amalgamat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt was passed did not have any occasion to challenge the said order. The Department, however, subsequently coming to know of the factum of the amalgamation, sought to recover the tax dues of the amalgamating company arising out of the order of assessment dated 25th January, 2016. Recovery notices came to be issued. The bank accounts were attached since the petitioner did not pay the tax dues. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner. That being the position, the Department cannot seek recovery of the taxes arising out of the order of assessment. Learned counsel for the Department however submitted that as per the scheme of amalgamation the petitioner had undertaken to discharge the liability of the amalgamating company. Had the order of assessment been passed prior to amalgamation, this clause under the scheme o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
