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TMI Blog2021 (8) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... LE 4 (1) (2) [ 2016 (12) TMI 872 - GUJARAT HIGH COURT] as per the scheme of amalgamation sanctioned by the Court, the transferor Company shall not be in existence, and therefore, the impugned notices against the transferor Company (non-existent Company) shall not be permissible. Writ petition is allowed and the impugned notice is quashed solely on the ground that the impugned notice was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d such notice in the name of a non-existing company is not tenable in the eye of law. In support of his contention Mr. Bag, learned advocate appearing for the petitioners has relied on a decision of the Hon'ble Gujarat High Court in the case of Takshashila Realties Pvt. Ltd. Versus Dy. Commissioner of Income Tax reported in 2016 SCC OnLine Guj 6462 and specifically relies on Paragraph 10 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 non-existent 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 ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, the impugned notices against the transferor Company (non-existent Company) shall not be permissible. The Division Bench has observed that in such a situation the assessment can always be made and is supposed to be made on the transferee Company taking into account the income of both the transferor and transferee Company and also the more advisable course from the point of view of the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court on the facts and law. Considering the submission of the parties, I am of the view that the impugned notice dated 29th March, 2019 (Annexure P-3 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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