PR. COMMISSIONER OF INCOME TAX (CENTRAL) -2 vs. M/S. SINDHU HOLDING LTD.

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ITA/1242/2018HC DelhiDLHC01158989201811 October 2019Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the assessments made against the assessee would not survive. The Court reasoned that the present case is squarely covered by the Supreme Court's decision in Pr. Commissioner of Income Tax v. Maruti Suzuki India Limited. Consequently, the appeal filed by the revenue was dismissed. The Court found that no question of law arose for consideration. The operative direction was the dismissal of the appeal.

What were the facts?

The appeal was filed by the Pr. Commissioner of Income Tax (Central) -2 against M/s. Sindhu Holding Ltd. The assessee had informed the Assessing Officer about the amalgamation of M/s. Sindhu Holdings Ltd. and M/s. Garuda Imaging & Diagnostics Pvt. Ltd. with M/s Bhandari Consultancy and Finance Ltd. The revenue's appeal was filed against an order of the Income Tax Appellate Tribunal (ITAT), though the specific order and assessment year(s) are not detailed in this excerpt. The High Court was considering the appeal after the assessee had provided information regarding the amalgamation.

What were the issues?

1. Whether the assessments made against the assessee would survive in light of the amalgamation of M/s. Sindhu Holdings Ltd. and M/s. Garuda Imaging & Diagnostics Pvt. Ltd. with M/s Bhandari Consultancy and Finance Ltd. (question of law). The revenue, through Mr. Hossain, argued that the assessee had informed the Assessing Officer of the amalgamation. The revenue stated that the present case is squarely covered by the decision of the Supreme Court in Pr. Commissioner of Income Tax v. Maruti Suzuki India Limited, 2019 SCC OnLine SC 928. No specific arguments were recorded for the assessee.

AI-generated summary — verify with the full judgment below

$~19. * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1242/2018

PR. COMMISSIONER OF INCOME TAX (CENTRAL) -2 ..... Appellant

Through: Mr. Zoheb Hossain, Adv.

versus

M/S. SINDHU HOLDING LTD. ..... Respondent Through: Mr. Ajay Vohra, Sr. Adv. with Mr. Rohit Jain and Mr. Aniket D. Agrawal, Advs.

CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R % 11.10.2019

Mr. Hossain has taken instructions in terms of the last order. On instructions, he states that the assessee had informed of the amalgamation of M/s. Sindhu Holdings Ltd. and M/s. Garuda Imaging & Diagnostics Pvt. Ltd. with M/s Bhandari Consultancy and Finance Ltd. to the Assessing Officer.

Aforesaid being the position, the present case is squarely covered by the decision of the Supreme Court in Pr. Commissioner of Income Tax v. Maruti Suzuki India Limited, 2019 SCC OnLine SC 928, decided on 25.07.2019.

In view of the aforesaid, assessments made against the assessee would not survive. Consequently, the appeal is dismissed, since no question of law arises.

VIPIN SANGHI, J

SANJEEV NARULA, J OCTOBER 11, 2019 N.Khanna

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