9911796707
TMI Blog2021 (9) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... ood rejected in the hon'ble apex court. We further note that their lordships have considered all these issues in the foregoing detailed judgment whilst concluding that such an assessment does not satisfy the legal requirement involving a duly existent entity. As lastly contended that the lower authorities could not be allowed to escape their liability to escape from their duty to frame a valid assessment in case of a surviving entity only just by quoting the former entity's PAN (supra) since the same ceases to exist post amalgamation. Be that as it may, the fact remains that we have taken note of all the case material on record suggesting the learned lower authorities to have issued notice(s) (supra) to a non-existent entity only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08-2015 and 01-09-2015; respectively. The former entity, M/s. Vivimed Labs (Alathur) Pvt. Ltd. thereafter stood amalgamated as M/s. Vivimed Labs Ltd. on 01-12-2015 w.e.f. 01-04-2014. The Assessing Officer thereafter made Section 92CA reference in the present appellant's name followed by the Transfer Pricing Officer's TPO's Section 92CA(3)'s order dt. 30-10-2017, Assessing Officer's draft assessment order, Hyderabad after transfer from Mumbai dt. 29-12-2017 the DRP's directions 24-09-2018 culminating in the final assessment under challenge dt. 25-10-2018; respectively. 5. Learned counsel has quoted hon'ble apex court's recent landmark judgment in PCIT Vs. Maruti Suzuki India Ltd. [ (2019) 416 ITR 613] (SC) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er authorities have duly incorporated names of both these entities, we find that it had adopted the very line of reasoning before their lordships in paras 17(i) as well as (vii) thereof which stood rejected in the hon'ble apex court. We further note that their lordships have considered all these issues in the foregoing detailed judgment whilst concluding that such an assessment does not satisfy the legal requirement involving a duly existent entity. 8. Learned counsel lastly contended that the lower authorities could not be allowed to escape their liability to escape from their duty to frame a valid assessment in case of a surviving entity only just by quoting the former entity's PAN (supra) since the same ceases to exist post am ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
