L & T TECHNOLOGIES SERVICES LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(2)(1), MUMBAI
In the result, the additional grounds of the assessee are allowed for statistical purposes
ITA 4255/MUM/2023[2015-16]Status: DisposedITAT Mumbai06 Feb 2025AY 2015-16
Bench: Shri B.R. Baskaran & Shri Anikesh Banerjeel&T Technologies Services Ltd Vs Assistant Commissioner Of Income L&T House, N.M. Marg, Tax, Circle 2(2)(1), Mumbai Room No.545, 5Th Floor, Aayakar Mumbai Pan: Aaccl4310P Bhavan, Maharshi Karve Road, Mumbai-400 020 Appellant Respondent
For Appellant: Shri Nitesh JoshiFor Respondent: Dr. K.R. Subhash (CIT- DR)
Section 10ASection 143(3)Section 170Section 2Section 250Section 37Section 90
…it could be said that there was a succession within meaning of section 25(4) of 1922 Act and assessee was entitled to benefit. 8. The Ld. ARrespectfully relied on the decision of the Hon’ble Gujarat High Court in the case of Premji Khimraj Shah v. ITO (1979) 118 ITR 216, wherein the Hon’ble High Court, after considering the decision of KH Chambers (supra) has held as the expression "succession to business" connotes the taking over the whole or substantially the whole business of the predecessor by the successor and continuing the same. Disintegration and division of whole into parts would not permit the parts to…