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TMI Blog2019 (11) TMI 1811X X X X Extracts X X X X X X X X Extracts X X X X ..... income of the amalgamating company has been taken into consideration, then the credit for advance tax paid and TDS made by amalgamating company should be given to amalgamated company, i.e. the assessee before us. We deem it fit and proper to remand the issue to the file of A.O. with a direction to verify the claim of TDS credit and advance tax paid by amalgamating company and allow the same to the assessee in accordance with law. Appeal of the assessee is allowed for statistical purposes. - Smt. P. Madhavi Devi, Judicial Member And Shri Mohan Alankamony, Accountant Member For the Appellant : Sh. P. Murali Mohan Rao, A.R. For the Respondent : Smt. Matta Padma, D.R. ORDER PER SMT. P. MADHAVI DEVI, J.M. This is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion about the particular issue or class regarding the taxes paid. Against this order of the CIT(A) the assessee is in second appeal before us by raising the following grounds of appeal. 1. The Ld. CIT(A) has erred both on facts and in law in upholding the order of the A.O., wherein credit for TDS and Advance Tax was not allowed, which the order passed by A.O. is against the weight of evidence and therefore not sustainable in law. 2. The Ld. CIT(A) ought to have appreciated that during the year under consideration, there was an amalgamation between assessee company (previously known as M/s. Serve All enterprise solution Ltd) and M/s Decatrend Technologies Pvt Ltd which is a wholly owned subsidiary of the assessee company and that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 of the paper book wherein total income has been taken at Rs.4,05,44,580/- and the TDS of Rs.23,12,990/- and Advance Tax of Rs.1,40,00,000/- has also been claimed. He submitted that this consists of the TDS Credit and Advance Tax of the amalgamating company and when the income of the amalgamating company has been offered to tax then the credit for TDS and Advance Tax of amalgamating company also must be given. He also referred to the order of Hon ble High Court which is placed at pages 96 to 112 of the paper book, wherein the scheme of amalgamation has been approved by Hon ble High Court. At para 9.1 of the order, meaning of undertaking of the transferor company is given and at Clause 1.9.3, it is mentioned that it shall include the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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