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TMI Blog2023 (4) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... make separate protective assessments on both the transferor and transferee Companies separately ultimately, the Division Bench has held that the transferor Company would no longer be amenable to the assessment proceedings for the Assessment Year 2010-11, and therefore, notice for producing documents for such assessment would therefore be invalid. Thus impugned notice was issued in the name of non-existing company in spite of revenue having notice and knowledge of non-existence of such Company. Decided in favour of assessee. - WPA 6424 of 2023 - - - Dated:- 4-4-2023 - Md. Nizamuddin, J. Mr. Anil Kumar Dugar, Mr. Rajarshi Chatterjee for the petitioner Mr., Smarajit Roy Chowdhury for the respondents ORDER Heard le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, by which the respective petitioners are ordered to be amalgamated into Takshashila Gruh Nirman (Subsequently named as Takshashila Realties Pvt. Ltd.) with effect from 01.04.2010. Under the circumstances, when the impugned notices are issued against the original assessee-amalgamating Company on 21.01.2011, it can be said that the same has been issued against the nonexistent Company. It cannot be disputed that once the scheme for amalgamation has been sanctioned by the Court with effect from 01.04.2010, from that date amalgamating Company would not be in existence. Under the circumstances, the impugned notices, which are issued against the non-existent Company, cannot be sustained and the same deserves to be quashed and set aside. Identic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s submitted that she has got no case and could not distinguish the aforesaid judgement of the Hon ble Gujarat High Court on the facts and law. Considering the submission of the parties, I am of the view that the impugned notice dated April 20, 2021 (Annexure P-2 to the writ petition) is not tenable in the eye of law and all further steps pursuant to the said impugned notice also are not tenable in the eye of law. This writ petition is allowed and the impugned notice is quashed solely on the ground that the impugned notice was issued in the name of non-existing company in spite of revenue having notice and knowledge of non-existence of such Company. Since no affidavits have been called for, allegations made in the writ petition are d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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