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2024 (9) TMI 1126

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..... al but the Department does not have any file relating to that matter. Mr. Gupta states that his instructions are to inform the Court that respondent no.1 or the Department has no document to show that any notice was issued u/s 154 or even an order was passed under Section 154. Mr. Gupta also states that if the Court directs respondents, they shall remove the pending demand from the Income Tax Portal pertaining to petitioner. In view of the statement made by Mr. Gupta as recorded above, we have to quash and set a side the demand for Assessment Year 2013-2014 as appearing on petitioner s portal and the computation sheet under Section 154 dated 31st March 2021, which we here by do. The demand appearing on the portal shall also be removed. This .....

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..... ics Private Limited vide order dated 2nd August 2021 passed by the National Company Law Tribunal, Mumbai. Subsequently, the name of Aksipro Diagnostics Private Limited was changed to Bharat Serums and Vaccines Limited as evident by the certificate of incorporation dated 10th November 2021 issued by the Registrar of Companies, Mumbai. 4 The erstwhile Bharat Serums had filed, for Assessment Year 2013-2014, return of income on 30th November 2013 returning total income of Rs.36,47,36,323/- under Section 115JB of the Act. The income under the normal provisions of the Act was shown as Nil. The erstwhile entity s case was picked up for scrutiny and an assessment order dated 29th March 2016 under Section 143(3) of the Act came to be passed determin .....

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..... lier. Though the forwarding letter dated 4th August 2023 provides for copy of order passed under Section 154 of the Act, it is petitioner s case, and which has not been controverted, that only the same computation sheet was provided but not an order. Even the screenshot of the order sent through email is illegible. 6 No affidavit in reply has been filed. Mr. Gupta appearing for respondents informed the Court that he has instructions from respondent no.1 Mr. Basant Kumar Arya that the demand has been uploaded by the erstwhile Deputy Commissioner of Income Tax on the portal but the Department does not have any file relating to that matter. Mr. Gupta states that his instructions are to inform the Court that respondent no.1 or the Department ha .....

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