THE INDIAN HOTELS COMPANY LTD,MUMBAI vs. ITO 1(2)(2),

PDF · subscribers
ITA 3959/MUM/2017Status: DisposedITAT Mumbai20 November 2023AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the proceedings under Section 263 initiated and completed in the name of the amalgamating company (Lands End Properties Pvt. Ltd.) were invalid in law. The order passed by the Principal Commissioner under Section 263 was quashed.

What were the facts?

The Commissioner initiated proceedings under Section 263 against Lands End Properties Pvt. Ltd. However, this company had already amalgamated with Indian Hotels Company Ltd. much before the proceedings were initiated. The amalgamation was approved by the Bombay High Court prior to the Section 263 proceedings.

What were the issues?

The primary issue was the validity of Section 263 proceedings initiated against an amalgamated company after its amalgamation was approved by the High Court.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

For Appellant: Shri Aditya Ramachandran, CA
For Respondent: Shri Biswanath Das-CIT DR
Hearing: 01.11.2023Pronounced: 20.11.2023
1.

In this case reference was made by the Hon'ble President as per order dated 4th July, 2023 on the draft question that whether in the particular facts and circumstances of the case, the initiation and completion of proceedings under Section 263 of the Income-tax Act, 1961 (the Act) in the name of the Lands End Properties Pvt. Ltd can be said to be valid considering the fact that it is amalgamation with Indian Hotels Company Pvt. Ltd., was approved by the Hon'ble Bombay High Court much prior to the initiation of proceedings under Section 263 of the Act.

3.

The learned Third Member concurred with view taken by the learned Judicial Member that the impugned order passed by the Principal Commissioner of Income Tax in the name of amalgamating company despite specific intimation is invalid in law and deserves to be quashed.

4.

In view of the above decision of the learned Third Member, the impugned order passed under Section 263 of the Act dated 29th March, 2017 is quashed.

5.

In the result, the appeal of the assessee is allowed in terms of ground no.2 decided by the Third Member.

6.

As the revisionary order passed under Section 263 of the Act is quashed all other grounds in the appeal are academic in nature.

7.

In the result, the appeal of the assessee is allowed.

Order pronounced in the open court on 20.11.2023.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →