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TMI Blog2023 (5) TMI 368X X X X Extracts X X X X X X X X Extracts X X X X ..... tent company - scheme of amalgamation approved - HELD THAT:- The factum of knowledge of amalgamation is not disputed by the Respondents Counsel Mr. Sharma nor is there any denial of information with regard to the amalgamation being received in the Affidavit in Reply dated 28th March 2023 filed by the Jurisdictional Assessment Officer. This Court in the case of CLSA India Private Limited vs DCIT-4( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Jain i/by Ms. Namita Chandra For the respondents : Mr. Akhileshwar Sharma a/w. Ms. Shilpa Goel. ORDER [PER: KAMAL KHATA, J] 1. Rule. By consent of both the parties, Rule made returnable forthwith to dispose of the Petition at the stage of admission. 2. By this Petition under Article 226 of the Constitution, the Petitioner seeks quashing of the impugned assessment order under section (u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edgment. Disregarding the repeated communications by the Petitioner evincing the amalgamation of the erstwhile ERP Infrastructure Projects Private Limited., with the Petitioner, show cause notices dated 26th August 2022, 19th September 2022, assessment order u/s 143 dated 28th September 2022 and consequential notice of demand dated 28th September 2022 u/s 156, 270A, & 271AAC(1) were issued by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts: i. The judgment of the Apex Court in the case of Saraswati Industrial Syndicate Ltd. vs CIT 186 ITR 278 (SC) which held that when two companies are merged and are so joined, as to form a third company or one is absorbed into one or blended with another; the amalgamating company loses its entity; ii. The judgment of the Delhi High Court in the case of Spice Entertainment Ltd vs CST 2012 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation in the proceedings by the assessee cannot operate as an estoppel against law. 6. In our view, considering the facts of the present case on the touchstone of the aforestated well settled propositions of law therefore, the Order of assessment u/s 143(3) dated 28th September 2022 and consequential notices u/s 156, 270A, 271AAC(1) issued in the name of a non-existent entity are void. 7. The W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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