Transactions between the two Companies after the effective date of merger cannot be treated as between a service provider and service recipient

The amalgamation order issued by the Ministry of Petroleum is undisputedly dated 30.04.07. However, the said order specified 01.04.04 as the effective date of merger. Apparently, the process of amalgamation took considerable time and the same has been effected only by order dated 30.04.07. Such retrospective approval does pose certain practical difficulties. The effect of the order is that from 01.04.04, IBP ceased to exist as a separate company. That being the case, the transaction between IBP and IOCL during the interim period could not be treated as between a service provider and service recipient. As the order of the Ministry of Petroleum clearly mentioned 01.04.04 as the effective date of amalgamation, notwithstanding the date of approval given by the Registrar of Companies being 02.05.07, the specific date indicating the date of amalgamation as 01.04.04 should be accepted. 

IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, CHENNAI

ST/S/454/2010 & ST/767/2010

Arising out of Order-in-Appeal No.166/2010 Dated: 15.9.2010

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