Case Law Details
Proceedings under Section 148 of the Act which commenced with the notice dated 3rd April, 2012 issued to VBPPL were itself void ab initio for the simple reason that on that day VBPPL was not in existence as a result of the order dated 20th February, 2013 of the High Court approving its amalgamation with the Petitioner with effect from 1st April, 2012. The question of revival of such proceedings at a later point in time, with there being no change to the legal position regarding VBPPL having ceased to exist, does not arise.
1. This writ petition by BDR Builders and Developers Private Limited (‘BBDPL’ or ‘Petitioner’) challenges a notice dated 3rd April, 2012 issued under Section 148 of the Income Tax Act, 1961 (‘Act’). A challenge is also laid to a letter dated 14th March, 2016 whereby the proceedings initiated against the Petitioner under Section 148 of the Act by the notice dated 3rd April 2012 were sought to be revived.
2. The facts leading to the filing of the present petition are that the Petitioner is engaged in the business of real estate. Another company, namely Verma Buildtech & Promoters Private Limited (‘VBPPL’) also engaged in the same business of real estate, and which later amalgamated with the Petitioner, filed its return of income for Assessment Year (‘AY’) 2008-09 on 19th August, 2008. This return was processed under Section 143(1) of the Act.
3. VBPPL stood amalgamated with the Petitioner with effect from 1st April, 2012. The scheme of amalgamation was approved by the High Court by an order dated 20th February, 2013 in Company Petition No. 287 of 2012. In the said petition were the Transferor companies and included VBPPL. The transferee company was the Petitioner herein i.e. BBDPL. Paragraph 16 of the said order reads as under:
“16. An affidavit dated 6th February 2013 has been filed on behalf of the Petitioner companies stating that any notices to the Transferor companies under the Act that may be issued hereafter will be responded to by the Transferee company. With this, none of the objections raised by the RD survives.”
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