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“amalgamation”

Mergers & RestructuringSection 2(1B)Section 2(1B)1,456 judgments

The decision most relied on for amalgamation is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 judgments on BharatTax.

Leading authorities on amalgamation

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

PCIT v. Maruti Suzuki India Ltd.
416 ITR 613 · 2019 · Supreme Court
308
citing judgments

A notice issued under section 148 to a non-existent entity, such as an amalgamating company post-merger, is a substantive illegality, rendering assessment proceedings void ab initio. Participation in such proceedings does not estop the assessee from challenging the validity of the notice.

Spice Infotainment Ltd. v. CIT
247 CTR 500 · 2012 · High Court
114
citing judgments

An assessment framed in the name of a company that has ceased to exist due to amalgamation is invalid, even if the amalgamated company participated in the proceedings. Such a defect cannot be cured under section 292B of the Income-tax Act.

PCIT v. Mahagun Realtors Pvt. Ltd.
443 ITR 194 · 2022 · Supreme Court
95
citing judgments

An assessment framed by the Assessing Officer in the name of a defunct transferor company is valid if the assessee failed to intimate the AO about the merger or amalgamation.

Saraswati Industrial Syndicate Ltd. v. CIT
186 ITR 278 · 1990 · Supreme Court
79
citing judgments

Upon amalgamation, the amalgamating company ceases to exist in the eyes of the law. Therefore, any assessment or proceeding initiated against a non-existent amalgamating company is invalid as it is no longer considered a 'person' under the Income-tax Act.

CIT v. Amalgamations Ltd.
238 ITR 963 · 1998 · High Court
73
citing judgments

An assessment order can be deemed erroneous due to the Assessing Officer's non-application of mind or inadequate inquiry, warranting revision under Section 263. However, the Principal Commissioner of Income Tax must establish the order is both erroneous and prejudicial to the revenue, and cannot use this power merely to direct further inquiries without such a finding.

Additional/Joint/Deputy/Assistant Commissioner of Incometax/Income-tax Officer v. Mylan Laboratories Ltd.
137 Taxmann.com 178 · 2022 · High Court
60
citing judgments

Goodwill arising on amalgamation is entitled to depreciation. This principle is established by multiple High Court decisions.

Beverages 331 ITR 192 (Del) B.Raveendran Pillai v. CIT
237 Taxmann 230 · 2016 · High Court
59
citing judgments

Goodwill arising on amalgamation is an intangible asset qualifying for depreciation under Section 32 of the Income Tax Act.

Judgments citing amalgamation

Grasim Industries Limited, Mumbai vs. DCIT, CC-1(4), Mumbai

In the result, appeal of the revenue and the assessee are partly allowed,

ITA 2897/MUM/2016[2010-11]Status: DisposedITAT Mumbai09 Sept 2025AY 2010-11

Bench: Shri Narendra Kumar Billaiya & Shri Anikesh Banerjee

For Appellant: Shri J.D. Mistry – Sr. Advocate &For Respondent: Shri Arun Kanti Datta - CIT DR
Section 143(3)Section 250Section 260ASection 43BSection 45Section 801ASection 801A(4)

State of Maharashtra (247 ITR 609).The Hon'ble Bombay High Court has held in para 95 and 96 that a scheme of amalgamation has a statutory operation once it is sanctioned by a competent court and is distinct and different from a mere agreement signed by the necessary parties ... dissented or who might have opposed it from being sanctioned. It was held that there is an overwhelming authority of precedent suggesting that when amalgamation takes place, the transfer of assets takes place by force of the company Court's order and/or by operation of law, it ceases

Maxxis Rubber India Pvt. Ltd., Ahmedabad vs. The Pr. CIT, Ahmedabad-1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1129/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad08 Sept 2025AY 2018-19

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumar

For Appellant: Respondent byFor Respondent: Shri Sher Singh, CIT-DR
Section 143(3)Section 263Section 32Section 32(1)

aggregate depreciation (15- 5,29,41,01,183 - 11,07,99,883 16) 18 Proportionate aggregate - - depreciation allowable in the event of succession, amalgamation, demerger etc. (out of column 17) 19 Expenditure incurred in - connection with transfer of asset/ assets 20 Capital gains/ loss under section

Pleasure Agro Private Limited (As A Successor - in Interest of Erstwhile Vishwaraja Properties and Consultancies Private Limited, Pune vs. DCIT Circle 8, Pune

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 944/PUN/2025[2015-16]Status: DisposedITAT Pune08 Sept 2025AY 2015-16

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Digambar SurwaseFor Respondent: Shri Shashank Ojha
Section 143(3)Section 250

framed in the non-existing entity even when the Assessing Officer has himself mentioned in the assessment order that the assessee company has been amalgamated with Pleasure Agro Private Limited. In support of its contention, ld. Counsel has relied on following decisions : 1. Rupmata Multistate Co-Operative Credit Society ... ld.CIT(A) may call for remand report from the Jurisdictional Assessing Officer for the verification of the submissions made by the assessee about the amalgamation of the assessee company with Pleasure Agro Private Limited. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required

Pleasure Agro Private Limited (As A Successor - in Interest of Erstwhile Vishwaraja Properties and Consultancies Private Limited, Pune vs. DCIT Circle 8, Pune

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 943/PUN/2025[2014-15]Status: DisposedITAT Pune08 Sept 2025AY 2014-15

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Digambar SurwaseFor Respondent: Shri Shashank Ojha
Section 143(3)Section 250

framed in the non-existing entity even when the Assessing Officer has himself mentioned in the assessment order that the assessee company has been amalgamated with Pleasure Agro Private Limited. In support of its contention, ld. Counsel has relied on following decisions : 1. Rupmata Multistate Co-Operative Credit Society ... ld.CIT(A) may call for remand report from the Jurisdictional Assessing Officer for the verification of the submissions made by the assessee about the amalgamation of the assessee company with Pleasure Agro Private Limited. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required

Dynaspede Integrated Systems Private Limited, Salem Tamil Nadu vs. Deputy Commissioner of Income Tax, Salem

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1861/CHNY/2024[2014-15]Status: DisposedITAT Chennai08 Sept 2025AY 2014-15

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble Amitabh Shuklaआयकर अपील सं./ Ita Nos.1860 & 1861/Chny/2024 िनधा=रण वष= /Assessment Years: 2013-14 & 2014-15

For Appellant: Shri Narahari Nava Kanth, C.A LMFor Respondent: Ms. R. Anitha, Addl. CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 32(1)

sole issue in the present appeal relates to the assessee’s claim of depreciation of Rs. 2,74,15,039/- on goodwill arising from amalgamation in the hands of the resultant entity, M/s. Dynaspede Integrated Systems Pvt. Ltd. 4. Briefly stated facts of the case are that the assessee ... reopening vide letter dated 15.11.2018, however, the objections were rejected by the AO. It was held that depreciation on goodwill arising from amalgamation was not allowable in view of the fifth proviso to section 32(1) of the Act. Aggrieved by the same, the assessee preferred an appeal before

Dynaspede Integrated Systems Private Limited, Salem, Tamil Nadu vs. Deputy Commissioner of Income Tax, Salem

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1860/CHNY/2024[2013-14]Status: DisposedITAT Chennai08 Sept 2025AY 2013-14

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble Amitabh Shuklaआयकर अपील सं./ Ita Nos.1860 & 1861/Chny/2024 िनधा=रण वष= /Assessment Years: 2013-14 & 2014-15

For Appellant: Shri Narahari Nava Kanth, C.A LMFor Respondent: Ms. R. Anitha, Addl. CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 32(1)

sole issue in the present appeal relates to the assessee’s claim of depreciation of Rs. 2,74,15,039/- on goodwill arising from amalgamation in the hands of the resultant entity, M/s. Dynaspede Integrated Systems Pvt. Ltd. 4. Briefly stated facts of the case are that the assessee ... reopening vide letter dated 15.11.2018, however, the objections were rejected by the AO. It was held that depreciation on goodwill arising from amalgamation was not allowable in view of the fifth proviso to section 32(1) of the Act. Aggrieved by the same, the assessee preferred an appeal before

Shri Gayatri Co Op Credit Society Niyamit Hattargi, Belagavi vs. Principal Commissioner of Income Tax, Belagavi

In the result, the appeal filed by the assessee is partly allowed

ITA 163/PAN/2025[2021-2022]Status: DisposedITAT Panaji04 Sept 2025AY 2021-2022

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.163/Pan/2025 (A.Y.2021-22 ) Shri Gayatri Co-Op Credit Vs. Pr.Cit, Society Niyamit Hattargi, C.R.Building, P B Road, Dadbanhatti, Navanagar, Yamakanmardi, Hubli-580025, Belagavi-591246, Karnataka Karnataka. Pan .No.Abasas5325A (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 143(3)Section 263Section 80PSection 80P(2)(d)

Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). 8. We considering the facts, ratio of decisions of the Honble High courts and submissions are of the opinion that the directions

Deputy Commissioner of Income Tax, Circle 2(1)(1), Vadodara, Aaykar Bhawan vs. Gujarat Narmada Valley Fertilizer & Chemicals Limited, Narmadanagar

In the result, appeal filed by the Revenue is dismissed

ITA 970/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad03 Sept 2025AY 2015-16
For Appellant: Shri Sher Singh, CIT.DRFor Respondent: Shri Vishal Kalra. AR
Section 250Section 80I

goodwill, Ld. Counsel for the assessee pointed out that the assessee had acquired through merger, the going concern of Narmada Chematur Petrochemicals Limited (Amalgamated Company / ‘NCPL’) under the scheme approved by the Hon’ble Gujarat High Court. The amalgamated company was engaged in the business of manufacturing and sale ... share of the assessee company. The difference was in the nature of goodwill and the said calculation was also approved under the scheme of amalgamation by the Hon’ble Gujarat High Court filed its order dated 9th June, 2007. Ld. Counsel for the assessee further pointed ITA No. 970/Ahd/2025 [DCIT

Forum Viniyog Pvt. Ltd., Kolkata vs. ITO, Ward-8(2), Kolkata

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 1338/KOL/2025[2012-13]Status: DisposedITAT Kolkata03 Sept 2025AY 2012-13

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 250Section 68

that on the facts and in the circumstances of the case, the authorities below failed to appreciate that the erstwhile amalgamating company, M/s Olapab Sales Pvt Ltd had invested in Zero Percent Fully Convertible Entitlement Certificate of Rs.3,85,00,000/- in M/s Forum Real Estate ... pursuant to the amalgamation approved vide order of Hon'ble Calcutta High Court dated 02.09.2010, the said investment stood merged in the books of the assessee which was redeemed and repaid by M/s Forum Real Estate Pvt Ltd during the year and therefore the said proceeds cannot be regarded

Ismail Abdulaziz Lakhani, Bhavnagar vs. ITO, Ward-1(1), Bhavnagar

In the result, appeal filed by the assessee is allowed

ITA 803/AHD/2025[2014-15]Status: DisposedITAT Ahmedabad02 Sept 2025AY 2014-15

Bench: the same were transferred through registered broker, on the floor of the recognized stock exchange, after suffering Security Transaction Tax and ultimately settled through proper banking channel) as unaccounted income under Section 68 of the Act amounting to Rs.1,51,12,000/-.

For Appellant: Shri Sarju Mehta, A.RFor Respondent: Shri Sudhakar Verma, Sr. DR
Section 10(38)Section 132Section 133ASection 143(3)Section 147Section 148Section 250Section 68Section 69C

shares so purchased of Gomti Finlease Limited being parked therein and also demat account reflecting shares being held in the name of the amalgamated company i.e. M/s. KDJ Holidayscape and Resort Limited subsequent to amalgamation; v. The fact of there being split in the shares on amalgamation of M/s Gomti ... Limited, which was affected with the approval of the Jurisdictional High Court; vi. The demat account statement of the assessee reflecting shares of this amalgamated company also being held in the demat account right from this conversion; ITA No. 803/Ahd/2025 [Ismail Abdulaziz Lakhani

Sfdc Ireland Limited, Delhi vs. Deputy Commissioner of Income-Tax- 3(1)(1) Intl Tax, Delhi

In the result, the appeal of assessee is allowed as above

ITA 1475/DEL/2025[2022-23]Status: DisposedITAT Delhi02 Sept 2025AY 2022-23

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 143(2)Section 143(3)Section 144C(13)Section 144C(5)Section 153

order in the case of non-existent entity. “33. In the present case, despite the fact that the assessing officer was informed of the amalgamating company having ceased to exist as a result of the approved scheme of amalgamation, the jurisdictional notice was issued only in its name. The basis ... which jurisdiction was invoked was fundamentally at odds with the legal principle that the amalgamating entity ceases to exist upon the approved scheme of amalgamation. Participation in the proceedings by the appellant in the circumstances cannot operate as an estoppel against law. This position now holds the field in view

Varam Capital Pvt. Ltd., Chennai vs. DCIT, Corp. Circle-3(1), Chennai

In the result, appeal of the assessee is allowed

ITA 1222/CHNY/2025[2017-18]Status: DisposedITAT Chennai01 Sept 2025AY 2017-18

Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI HON'BLE S.R. RAGHUNATHA (Accountant Member)

For Appellant: Shri T.V.Muthuabhirami, AdvocateFor Respondent: Shri AR V Sreenivasan, CIT
Section 143(3)Section 144Section 263Section 68

further stated that it challenges the jurisdiction of the Ld. assessing officer in making the assessment on erstwhile Varam Capital Pvt. Ltd. which had amalgamated with ‘Dvara Kshetriya Gramin Financial Services Pvt. Ltd w.e.f. forced 09.07.2020. It was further mentioned that this fact was specifically brought to the notice ... Supreme Court in case of Saraswati industrial syndicate versus CIT 186 ITR 278 (SC) wherein the Hon’ble Supreme Court held that on amalgamation the amalgamating company ceased to exist in the eye of the law. Similarly, the decision of Hon’ble Delhi High Court in case of micron steels

The Acti, Circle-3(1)(1), Ahmedabad vs. Nirma Limited, Ahmedabad

ITA 1437/AHD/2019[2016-17]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2016-17

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1412 & 1413/Ahd/2019 निर्धारण वर्ष / Assessment Years: (2015-2016 & 2016-17) Nirma Limited, Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. स्थायी लेखा सं./Pan : Aaacn5350K आयकर अपील सं/Ita Nos.1436-1437/Ahd/2019 निर्धारण वर्ष / Assessment Years : (2015-16 & 2016-17) The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. Nirma Limited, बनाम / V/S. Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) स्थायी लेखा सं./ Pan: Aaacn5350K & C.O Nos.11-12/Ahd/2020 In आयकर अपील सं/Ita Nos.1436-1437/Ahd/2019 निर्धारण वर्ष / Assessment Years : (2015-16 & 2016-17) Nirma Limited, Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) The Deputy Commissioner Of बनाम/ V/S. Income Tax/The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. स्थायी लेखा सं./ Pan: Aaacn5350K अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent)

For Appellant: Shri Bandish Soparkar, withFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 115JSection 143(3)Section 14A

wind farm projects at Dhank, Bhavnagar District, Gujarat. Further, the Board for Industrial and Financial Reconstruction (BIFR) sanctioned a Modified Rehabilitation Scheme providing for amalgamation of Saurashtra Chemicals Ltd. (SCL) with the assessee, effective from 01.04.2011. SCL was engaged in manufacturing soda ash, sodium bicarbonate and bromine at its Birlasagar ... Court sanctioned a Composite Scheme of Arrangement under sections 391 and 394 of the Companies Act, 1956, whereby several associate and subsidiary companies were amalgamated with the assessee with effect from 01.04.2014. In the same scheme, the Healthcare Division of the assessee was demerged and transferred to Aculife Healthcare

The Acti, Circle-3(1)(1), Ahmedabad vs. Nirma Limited, Ahmedabad

ITA 1436/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2015-16

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1412 & 1413/Ahd/2019 निर्धारण वर्ष / Assessment Years: (2015-2016 & 2016-17) Nirma Limited, Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. स्थायी लेखा सं./Pan : Aaacn5350K आयकर अपील सं/Ita Nos.1436-1437/Ahd/2019 निर्धारण वर्ष / Assessment Years : (2015-16 & 2016-17) The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. Nirma Limited, बनाम / V/S. Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) स्थायी लेखा सं./ Pan: Aaacn5350K & C.O Nos.11-12/Ahd/2020 In आयकर अपील सं/Ita Nos.1436-1437/Ahd/2019 निर्धारण वर्ष / Assessment Years : (2015-16 & 2016-17) Nirma Limited, Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) The Deputy Commissioner Of बनाम/ V/S. Income Tax/The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. स्थायी लेखा सं./ Pan: Aaacn5350K अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent)

For Appellant: Shri Bandish Soparkar, withFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 115JSection 143(3)Section 14A

wind farm projects at Dhank, Bhavnagar District, Gujarat. Further, the Board for Industrial and Financial Reconstruction (BIFR) sanctioned a Modified Rehabilitation Scheme providing for amalgamation of Saurashtra Chemicals Ltd. (SCL) with the assessee, effective from 01.04.2011. SCL was engaged in manufacturing soda ash, sodium bicarbonate and bromine at its Birlasagar ... Court sanctioned a Composite Scheme of Arrangement under Sections 391 and 394 of the Companies Act, 1956, whereby several associate and subsidiary companies were amalgamated with the assessee with effect from 01.04.2014. In the same scheme, the Healthcare Division of the assessee was demerged and transferred to Aculife Healthcare

Nirma Limited, Ahmedabad vs. The Dcti, Circle-3(1)(1), Ahmedabad

ITA 1413/AHD/2019[2016-17]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2016-17

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1412 & 1413/Ahd/2019 निर्धारण वर्ष / Assessment Years: (2015-2016 & 2016-17) Nirma Limited, Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. स्थायी लेखा सं./Pan : Aaacn5350K आयकर अपील सं/Ita Nos.1436-1437/Ahd/2019 निर्धारण वर्ष / Assessment Years : (2015-16 & 2016-17) The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. Nirma Limited, बनाम / V/S. Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) स्थायी लेखा सं./ Pan: Aaacn5350K & C.O Nos.11-12/Ahd/2020 In आयकर अपील सं/Ita Nos.1436-1437/Ahd/2019 निर्धारण वर्ष / Assessment Years : (2015-16 & 2016-17) Nirma Limited, Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) The Deputy Commissioner Of बनाम/ V/S. Income Tax/The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. स्थायी लेखा सं./ Pan: Aaacn5350K अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent)

For Appellant: Shri Bandish Soparkar, withFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 115JSection 143(3)Section 14A

wind farm projects at Dhank, Bhavnagar District, Gujarat. Further, the Board for Industrial and Financial Reconstruction (BIFR) sanctioned a Modified Rehabilitation Scheme providing for amalgamation of Saurashtra Chemicals Ltd. (SCL) with the assessee, effective from 01.04.2011. SCL was engaged in manufacturing soda ash, sodium bicarbonate and bromine at its Birlasagar ... Court sanctioned a Composite Scheme of Arrangement under sections 391 and 394 of the Companies Act, 1956, whereby several associate and subsidiary companies were amalgamated with the assessee with effect from 01.04.2014. In the same scheme, the Healthcare Division of the assessee was demerged and transferred to Aculife Healthcare

Nirma Limited, Ahmedabad vs. The Dcti, Circle-3(1)(1), Ahmedabad

ITA 1412/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2015-16

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1412 & 1413/Ahd/2019 निर्धारण वर्ष / Assessment Years: (2015-2016 & 2016-17) Nirma Limited, Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) The Deputy Commissioner बनाम / Of Income Tax, V/S. Circle 3(1)(1), Ahmedabad. स्थायी लेखा सं./Pan : Aaacn5350K आयकर अपील सं/Ita Nos.1436-1437/Ahd/2019 निर्धारण वर्ष / Assessment Years : (2015-16 & 2016-17) The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. Nirma Limited, बनाम / Nirma House, V/S. Ashram Road, Ahmedabad-380009. (Gujarat) स्थायी लेखा सं./ Pan: Aaacn5350K & C.O Nos.11-12/Ahd/2020 In आयकर अपील सं/Ita Nos.1436-1437/Ahd/2019 निर्धारण वर्ष / Assessment Years : (2015-16 & 2016-17) Nirma Limited, Nirma House, Ashram Road, Ahmedabad-380009. (Gujarat) The Deputy Commissioner Of बनाम/ V/S. Income Tax/The Assistant Commissioner Of Income Tax, Circle 3(1)(1), Ahmedabad. स्थायी लेखा सं./ Pan: Aaacn5350K अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent)

For Appellant: Shri Bandish Soparkar, withFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 115JSection 143(3)Section 14ASection 80I

wind farm projects at Dhank, Bhavnagar District, Gujarat. Further, the Board for Industrial and Financial Reconstruction (BIFR) sanctioned a Modified Rehabilitation Scheme providing for amalgamation of Saurashtra Chemicals Ltd. (SCL) with the assessee, effective from 01.04.2011. SCL was engaged in manufacturing soda ash, sodium bicarbonate and bromine at its Birlasagar ... Court sanctioned a Composite Scheme of Arrangement under sections 391 and 394 of the Companies Act, 1956, whereby several associate and subsidiary companies were amalgamated with the assessee with effect from 01.04.2014. In the same scheme, the Healthcare Division of the assessee was demerged and transferred to Aculife Healthcare

Garware Fulflex India Pvt Ltd, Mumbai vs. DCIT, Circle 1(1)(1), Mumbai

In the result, appeal of the assessee is partly allowed for

ITA 6751/MUM/2024[2021-22]Status: DisposedITAT Mumbai28 Aug 2025AY 2021-22

Bench: Smt. Beena Pillai () & Shri Om Prakash Kant ()

Section 143(3)Section 144C(13)Section 153

Income Tax Act Erred in law, and in facts, in non-consideration of the prepaid taxes corresponding to the transferor companies pursuant to amalgamation with the Appellant. 11. Proposed initiation of penalty proceedings and charge of Interest under section 234A, 234C, and Section 270A of the Act on account

S C Jhonson Products Pvt Ltd, Gurgaon vs. ACIT Circle-22(2), New Delhi

In the result, appeal of the assessee is allowed

ITA 1470/DEL/2020[2007-08]Status: DisposedITAT Delhi28 Aug 2025AY 2007-08

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 1Section 139(1)Section 143(3)Section 147Section 148Section 250Section 80I

amalgamations the object of which is to account for the amalgamation as if the Separate businesses of the amalgamating companies were intended to be continued by the transferee company. Accordingly, only minimal changes are made in aggregating the individual financial statements of the amalgamating companies. Explanation classified as an ‘amalgamation ... 1122/Del/2020 Page 63 34 Main Principles 28. An amalgamation may be either — (a) an amalyaimation in the nature of merger, or (b) an amalgamation in the nahire of purchase, 29. An amalgamation should be considered to be an amalgamation in the nature of merger when all the following conditions

S.C., Johnson Pvt. Ltd., Gurgaon vs. Addi. CIT Special Range-8, New Delhi

ITA 1122/DEL/2020[2008-09]Status: DisposedITAT Delhi28 Aug 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 1Section 139(1)Section 143(3)Section 147Section 148Section 250Section 80I

amalgamation by the Hon’ble Delhi High Court the assets and liabilities of the transferor company have been transferred to the Transferee company at book value and accordingly the amalgamation would be accounted for under "Purchase Method" as prescribed by the Accounting Standard – 14 Accounting for Amalgamations issued ... amalgamation by the Hon’ble Delhi High Court the assets and liabilities of the transferor company have been transferred to the Transferee company at book value and accordingly the amalgamation would be accounted for under "Purchase Method" as prescribed by the Accounting Standard – 14 Accounting for Amalgamations issued

S.C., Johnson Pvt. Ltd., Gurgaon Haryana vs. DCIT Circle 7(1), New Delhi

ITA 1850/DEL/2019[2006-07]Status: DisposedITAT Delhi28 Aug 2025AY 2006-07

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 1Section 139(1)Section 143(3)Section 147Section 148Section 250Section 80I

section 115.JB of the Act. 3.2 That Ld. CIT(A) erred in confirming the findings of the Ld. AO that the Scheme of Amalgamation is in the nature of "Pooling of Interest" method as against the appellant's claim of "Purchase" method which was approved by the auditors ... company and was also in accordance with the scheme of amalgamation as approved by the Hon'ble High Court. 3.3 That on the facts and circumstances of the case and in law, Ld. CIT(A) erred in concluding that the Ld. AO is empowered to tinker with the Scheme