Oasys Green Tech (P) Ltd. v. ITO

Case Laws Analysis
REFERRED Pr. CIT v. Maruti Suzuki India Ltd. 2019 TaxPub(DT) 4931 (SC)
REFERRED Chandreshbhai Jayantibhai Patel v. ITO 2019 TaxPub(DT) 0496 (Guj-HC)
REFERRED Rajender Kumar Sehgal v. ITO 2018 TaxPub(DT) 8004 (Del-HC)
REFERRED Alamelu Veerappan v. ITO 2018 TaxPub(DT) 3564 (Mad-HC)
REFERRED Sky Light Hospitality LLP v. Asstt. CIT 2018 TaxPub(DT) 0762 (Del-HC)
REFERRED BDR Builders & Developers (P.) Ltd. v. Asstt. CIT 2017 TaxPub(DT) 4173 (Del-HC)
REFERRED Rustagi Engineering Udyog (P.) Ltd. v. Dy. CIT 2016 TaxPub(DT) 1719 (Del-HC)

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The Tax PublishersW.P. Nos. 21858 and 1759 of 2018 and W.M.P. Nos. 25634, 2180, 16198 and 18734 of 2018 2020 TaxPub(DT) 1532 (Mad-HC) : (2020) 426 ITR 0124 : (2020) 316 CTR 0897 : (2020) 272 TAXMAN 0147 IN THE MADRAS HIGH COURT ANITA SUMANTH, J. Oasys Green Tech (P) Ltd. v. ITO W.P. Nos. 21858 and 1759 of 2018 and W.M.P. Nos. 25634, 2180, 16198 and 18734 of 2018 21 January, 2020 Petitioner in both W.Ps. by: Suhrith Parthasarathy Respondents in both W.Ps. by: Hema Muralikrishnan Senior Standing Counsel COMMON ORDER Heard Mr. Suhrith Parthasarathy, learned counsel for the petitioner and Mrs. Hema Muralikrishnan, learned Senior Standing Counsel for the respondent. 2. An order of re-assessment dated 28-6-2018 for assessment year (AY) 2010-11 passed in terms of the provisions of the Income Tax Act, 1961 (in short 'Act') has been challenged. The main ground on which the impugned order is assailed is that the entity known as M/s. OAS Digital Infrastructures Private Limited to whom notice under section 148 of the Act was issued and based upon which the impugned order has been passed, did not exist at the time of issuance of notice and passing of the impugned order. 3. The sequence of relevant dates and events are as follows :-- (i) OAS Digital Infrastructures Private Limited (in short 'OAS'/transferor) did not file a return of income for assessment year 2010-11. (ii) OAS stood amalgamated with the petitioner, Oasys Green Tech Private Limited (in short 'OGT'/transferee), with effect from 1-2-2015 per order of the Madras High Court dated 20-8-2015 in Company Petition Nos. 203 and 204 of 2015. (iii) Notice under section 148 of the Act dated 31-3-2017 addressed to OAS was issued, since, admittedly, the Department was unaware of the factum of amalgamation. (iv) On 14-9-2017 OGT wrote to the Department bringing to its notice the merger and also requesting that the notice be handed over to the bearer of the letter. (v) On 9-10-2017, OGT took the view that the proceedings for reasessment were non est, since notice under section 148 had been issued upon a non-existing entity. (vi) The Assessing Authority however, on the basis of the notices already issued proceeded to complete the re-assessment ex parte passing the present impugned order under section 144 of the Act, to the best of his judgment. SUBSCRIBE FOR FULL CONTENT

The Tax PublishersW.P. Nos. 21858 and 1759 of 2018 and W.M.P. Nos. 25634, 2180, 16198 and 18734 of 2018
2020 TaxPub(DT) 1532 (Mad-HC) : (2020) 426 ITR 0124 : (2020) 316 CTR 0897 : (2020) 272 TAXMAN 0147

IN THE MADRAS HIGH COURT

ANITA SUMANTH, J.

Oasys Green Tech (P) Ltd. v. ITO

W.P. Nos. 21858 and 1759 of 2018 and W.M.P. Nos. 25634, 2180, 16198 and 18734 of 2018

21 January, 2020

Petitioner in both W.Ps. by: Suhrith Parthasarathy

Respondents in both W.Ps. by: Hema Muralikrishnan Senior Standing Counsel

COMMON ORDER

Heard Mr. Suhrith Parthasarathy, learned counsel for the petitioner and Mrs. Hema Muralikrishnan, learned Senior Standing Counsel for the respondent.

2. An order of re-assessment dated 28-6-2018 for assessment year (AY) 2010-11 passed in terms of the provisions of the Income Tax Act, 1961 (in short 'Act') has been challenged. The main ground on which the impugned order is assailed is that the entity known as M/s. OAS Digital Infrastructures Private Limited to whom notice under section 148 of the Act was issued and based upon which the impugned order has been passed, did not exist at the time of issuance of notice and passing of the impugned order.

3. The sequence of relevant dates and events are as follows :--

(i) OAS Digital Infrastructures Private Limited (in short 'OAS'/transferor) did not file a return of income for assessment year 2010-11.

(ii) OAS stood amalgamated with the petitioner, Oasys Green Tech Private Limited (in short 'OGT'/transferee), with effect from 1-2-2015 per order of the Madras High Court dated 20-8-2015 in Company Petition Nos. 203 and 204 of 2015.

(iii) Notice under section 148 of the Act dated 31-3-2017 addressed to OAS was issued, since, admittedly, the Department was unaware of the factum of amalgamation.

(iv) On 14-9-2017 OGT wrote to the Department bringing to its notice the merger and also requesting that the notice be handed over to the bearer of the letter.

(v) On 9-10-2017, OGT took the view that the proceedings for reasessment were non est, since notice under section 148 had been issued upon a non-existing entity.

(vi) The Assessing Authority however, on the basis of the notices already issued proceeded to complete the re-assessment ex parte passing the present impugned order under section 144 of the Act, to the best of his judgment.