9911796707
TMI Blog2024 (7) TMI 1108X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;A' are issued to a non-existent entity, the proceedings sought to be initiated by virtue of show cause notices/endorsement at Annexure-'A' in all the petitions are set aside. It is needless to state that the respondents are at liberty to pursue the proceedings against the appropriate entity regarding the subject matter of notices at Annexure-'A' as is permissible in law, as the petitions are disposed off on the premise that no proceedings could have been initiated against a non-existent Company. The petitions are disposed off. - HON'BLE MR JUSTICE S SUNIL DUTT YADAV For the Petitioner (By Sri. Prasad Paranjape, Advocate For Sri Bharath Janarthanan., Advocate). For the Respondents (By Sri. Shamanth Naik, HCGP)., ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y NCLT, Bengaluru Bench in T.P. No. 175/2017 176/2017. 5. Sri Shamanth Naik, learned HCGP appearing for the respondents refers to the order dated 13.06.2017 passed by NCLT, Bengaluru Bench in T.P. No. 175/2017 176/2017 and submits that in terms of the said order, the liability stands transferred to the Transferee Company. Said aspect is taken note of. 6. It is to be noticed that after the approval of Scheme of Amalgamation by NCLT, an application for cancellation of registration of M/s. Trelleborg Sealing Solutions (India) Private Limited was made on 29.11.2021 and the final order came to be passed on 03.12.2021 in Form GST REG-19 and the effective date of cancellation of registration was stipulated as 29.11.2021. 7. It is submitted that de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of such notices is detailed at Serial No. 10 of the Summary Table of Dates, extracted hereinabove. 9. Such of the facts as referred to above are not in dispute. In light of the legal position emanated from the decision of Apex Court in Principal Commissioner of Income Tax, New Delhi v. Maruti Suzuki (India) Limited reported in (2020) 18 SCC 331, it is clear that once an amalgamating entity ceases to exist upon approved Scheme of Amalgamation, the question of continuing the proceedings as regards the non-existent Company cannot be permitted. This position has been reiterated in the subsequent judgments of this Court including the order of this Court dated 04.06.2024 passed in W.P. No. 14156/2024 [M/s. Rajdisle Private Limited v. The Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
