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TMI Blog2021 (12) TMI 827X X X X Extracts X X X X X X X X Extracts X X X X ..... in the affidavit in reply is nothing but an after thought - the stand of Respondent No.1 today taken as afterthought that it was an error which could be corrected under Section 292B of the Act is not acceptable to this court. - Decided in favour of assessee. - WRIT PETITION NO. 3247 OF 2019 - - - Dated:- 15-12-2021 - K.R. SHRIRAM AMIT B. BORKAR, JJ. Mr. Dharan V. Gandhi for Petitioner. None for Respondents. P.C. : 1. Petitioner is impugning notice dated 31st March, 2019 issued under Section 148 of the Income Tax Act, 1961 (the Act) for A.Y. 2012-13 and the order dated 9th November, 2019 disposing of objections. 2. Apart from various other grounds raised, the primary ground on which petitioner has contested this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. (now known as Alok Knit Exports Pvt. Ltd.). Though, technically name of the assessee can be stated to be incorrectly mentioned because there is no change of name but the amalgamation of Nirvan Holdings Pvt. Ltd., with Alok Knit Exports Limited. Still it does not amount to a serious defect and at the same time not the subject matter of the challenge in this petition. We only mention this because the department as well as the Assessing Officer who issued the impugned notice and the order impugned would have been aware about the factual position of Nirvan Holdings Pvt. Ltd., being a non existing entity with effect from 5th July, 2013 and in any way when the assessment order for A.Y. 2012-13 was passed on 19th November, 2014. 4. Notwit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aking dual stand which itself is bad in law. We have to note that the Assessing Officer is incorrect in his observations since in the communication dated 24th April, 2019 on the top is mentioned Nirvan Holdings Pvt. Ltd. (now known as Alok Knit Exports Pvt. Ltd.) and at the bottom it is mentioned for Alok Knit Exports Pvt. Ltd. (Successor of Nirvan Holdings Pvt. Ltd.). Moreover, this person ignores a fact that there has been amalgamation pursuant to the sanction of scheme by this court, Pan Card of Nirvan Holdings Pvt. Ltd., has been surrendered for cancellation and even the assessment order for A.Y. 2012-13 reflects that Nirvan Holdings Pvt. Ltd., does not exist. 5. Strangely, in the affidavit in reply the said Mr. Abhang sings a differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment has been followed in the case of the respondent while dismissing the Special Leave Petition for AY 2011-2012. In doing so, this Court has relied on the decision in Spice Enfotainment. 7. We have to also note that the said Assessing Officer in the affidavit in reply says that the PAN of the old entity (Nirvan Holdings Pvt. Ltd.) was existing when he issued the notice under Section 148 of the Act. But he ignores the fact that PAN Card was surrendered way back in 2013 by Nirvan Holdings Pvt. Ltd., with a request to cancel the same. Just because respondents have failed and neglected to do their duty cannot be used to justify incorrect act against petitioner. 8. The quotation in Maruti Suzuki India Ltd. (supra) quoted above would squ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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