9911796707
TMI Blog2024 (3) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... ring System (Priority 1) that LSIPL had not filed its return of income for AY 2013-2014 and AY 2014-2015 HELD THAT:- As stated that certain transactions were noticed under the PAN number of LSIPL during financial years pertaining to these assessment years, i.e., AY 2013-2014 and AY 2014-2015 and hence, for the purpose of applicability of provisions of the Act, LSIPL was not non-existing company. At the same time in the affidavit-in-reply it is further stated It is accepted that company was not required to file its income tax return from the appointed date as per scheme of amalgamation. As noted earlier, the appointed date was 1st April 2012. The entire basis of notice, which according to Respondents was issued due to non-filing of income ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scheme of amalgamation approved by the Hon ble Delhi High Court vide an order dated 19th November 2013, a wholly owned subsidiary of Petitioner Leroy Somer India Private Limited ( LSIPL ) stood amalgamated with Petitioner with effect from 1st April 2012. This was brought to the notice of Respondent No. 1 by a letter dated 28th November 2013. Petitioner mentioned in the notes to the Financial Statement as on 31st March 2013 that LSIPL stood amalgamated with Petitioner with the appointed date being 1st April 2012. Notwithstanding the same, the impugned notices have been issued. And also the impugned reassessment order. 5. In the affidavit-in-reply, it is stated that the notice was issued because information was received through NMS/ITBA syst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued by Respondent No. 1, (ii) the impugned reassessment order (Exhibit W) dated March 27, 2022 passed by Respondent No. 2 and (iii) impugned penalty notices (Exhibits X and Y) dated March 27, 2022 issued by Respondent No. 2. WRIT PETITION NO. 8384 OF 2022 : a. that this Hon ble Court be pleased to issue a Writ of Certiorari or any other writ order or direction under Articles 226 and 227 of the Constitution of India calling for the records of the case leading to the issue of the impugned notice and passing of the impugned order and after going through the same and examining the question of legality thereof quash, cancel and set aside (i) the impugned notice (Exhibit I) dated March 27, 2021 issued by Respondent No. 1, (ii) the impugned reass ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
