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Mergers & RestructuringSection 2(1B)Section 2(1B)283 judgments

AMPI FINANCE LIMITED,KOLKATA vs. I.T.O., WARD-4(3), KOLKATA

Appeal of the assessee is allowed

ITA 2831/KOL/2025[2012-13]Status: DisposedITAT Kolkata05 Mar 2026AY 2012-13

Bench: the Bench that the re-opening of

Section 143(3)Section 144Section 147Section 148Section 148(2)Section 250Section 69C

absorbed into one or blended with another, the amalgamating company loses its entity. After the amalgamation of the two companies the transferor company ceased to have any entity and the amalgamated company acquired a new status and it was not possible to treat the two companies as partners or jointly

APTARA TECHNOLOGIES PRIVATE LIMITED,PUNE vs. DCIT, CIRCLE1(1), PUNE

ITA 63/PUN/2020[2015-16]Status: DisposedITAT Pune17 Feb 2026AY 2015-16

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.63/Pun/2020 Assessment Year : 2015-16 Aptara Technologies Dcit, Circle-1(1), Private Limited, Vs. Pune Flat No.A-16, Garnet Residency, S.No.9-13, 14 & 15, Wanawadi, Pune 411040 Maharashtra Pan : Aajca0199G Appellant Respondent

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar
Section 115Section 115QSection 139(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 32

During the course of assessment proceedings, ld. Assessing Officer observed that there is an amalgamation in the nature of merger with MLPL (Transferor company) and Assessee-ATPL (Transferee company). Hon’ble Bombay High Court vide order dated 19.09.2014 has sanctioned the scheme of amalgamation effective from 01.04.2014 (Appointed date) u/s.391

HAPPY SUPPLIERS PVT. LTD., (MERGED WITH RISHI SECURITIES & FINANCE PRIVATE LIMITED),KOLKATA vs. ACIT, CENTRAL CIRCLE 3(1),, KOLKATA

In the result, both the captioned appeals of the assessee are allowed

ITA 2578/KOL/2025[2021-2022]Status: DisposedITAT Kolkata12 Feb 2026AY 2021-2022

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2577 & 2578/Kol/2025 (Assessment Years: 2016-17 & 2021-22) Happy Suppliers Pvt. Ltd (Merged With Rishi Securities & Finance Private Limited)……….……….……Appellant Octavius Centre, 1St Floor, 15B, Hemant Basu Sarani, Kol-1. [Pan: Aabch9212M] Vs. Acit, Central Circle-3(1), Kolkata….……………………….....……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Appellant. Shri Sandip Sarkar, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2026 Date Of Pronouncing The Order : February 12, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Dated 08.09.25 & 28.08.2025 Of The Commissioner Of Income Tax (Exemption)-21, Kolkata [Hereinafter Referred To As ‘Cit(E)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Assessee & Facts Are Similar, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Relevant A.Y Declaring Nil Income. A Search & Seizure

Section 132Section 143(2)Section 147Section 148Section 250Section 56(2)Section 56(2)(x)Section 69Section 69A

absorbed into one or blended with another, the amalgamating company loses its entity. After the amalgamation of the two companies the transferor company ceased to have any entity and the amalgamated company acquired a new status and it was not possible to treat the two companies as partners or jointly

HAPPY SUPPLIERS PVT. LTD., (MERGED WITH RISHI SECURITIES & FINANCE PRIVATE LIMITED),KOLKATA vs. ACIT, CENTRAL CIRCLE 3(1),, KOLKATA

In the result, both the captioned appeals of the assessee are allowed

ITA 2577/KOL/2025[2016-2017]Status: DisposedITAT Kolkata12 Feb 2026AY 2016-2017

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2577 & 2578/Kol/2025 (Assessment Years: 2016-17 & 2021-22) Happy Suppliers Pvt. Ltd (Merged With Rishi Securities & Finance Private Limited)……….……….……Appellant Octavius Centre, 1St Floor, 15B, Hemant Basu Sarani, Kol-1. [Pan: Aabch9212M] Vs. Acit, Central Circle-3(1), Kolkata….……………………….....……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Appellant. Shri Sandip Sarkar, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2026 Date Of Pronouncing The Order : February 12, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Dated 08.09.25 & 28.08.2025 Of The Commissioner Of Income Tax (Exemption)-21, Kolkata [Hereinafter Referred To As ‘Cit(E)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Assessee & Facts Are Similar, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Relevant A.Y Declaring Nil Income. A Search & Seizure

Section 132Section 143(2)Section 147Section 148Section 250Section 56(2)Section 56(2)(x)Section 69Section 69A

absorbed into one or blended with another, the amalgamating company loses its entity. After the amalgamation of the two companies the transferor company ceased to have any entity and the amalgamated company acquired a new status and it was not possible to treat the two companies as partners or jointly

KOVALAM RESORT PRIVATE LIMITED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 2(1)(1), MUMBAI

In the result, the appeal of the assessee for Assessment Year

ITA 6580/MUM/2025[2012-13]Status: DisposedITAT Mumbai30 Jan 2026AY 2012-13

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar1. Ita No. 6580/Mum/2025 (Assessment Year: 2012-13) 2. Ita No. 6578/Mum/2025 (Assessment Year: 2013-14) & 3. Ita No. 6579/Mum/2025 (Assessment Year: 2014-15) Kovalam Resort Private Dcit 2(1)(1), Limited 561, Aayakar The Leela, Sahar, Andheri Vs. Bhavan, M. K. East, Mumbai-400 059 Road, Mumbai- 400 020 Pan/Gir No. Aaeck4804H (Applicant) (Respondent) Assessee By Shri Dharan Gandi & Shri Ravi Gupta, Ld. Ars Revenue By Shri Ritesh Misra, Ld. Dr Date Of Hearing 22.01.2026 Date Of Pronouncement 30.01.2026

Section 115JSection 142(1)Section 143(1)Section 143(2)Section 143(3)

depreciable assets. He examined the valuation of land and, on the basis of market enquiries and the revaluation carried out by the transferor company in March 2009, wherein the land was valued at about Rs. 488 crores, concluded that the fair value of land at the time of transfer

KOVALAM RESORT PRIVATE LIMTIED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 2(1)(1), MUMBAI

In the result, the appeal of the assessee for Assessment Year

ITA 6579/MUM/2025[2014-15]Status: DisposedITAT Mumbai30 Jan 2026AY 2014-15

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokar1. Ita No. 6580/Mum/2025 (Assessment Year: 2012-13) 2. Ita No. 6578/Mum/2025 (Assessment Year: 2013-14) & 3. Ita No. 6579/Mum/2025 (Assessment Year: 2014-15) Kovalam Resort Private Dcit 2(1)(1), Limited 561, Aayakar The Leela, Sahar, Andheri Vs. Bhavan, M. K. East, Mumbai-400 059 Road, Mumbai- 400 020 Pan/Gir No. Aaeck4804H (Applicant) (Respondent) Assessee By Shri Dharan Gandi & Shri Ravi Gupta, Ld. Ars Revenue By Shri Ritesh Misra, Ld. Dr Date Of Hearing 22.01.2026 Date Of Pronouncement 30.01.2026

Section 115JSection 142(1)Section 143(1)Section 143(2)Section 143(3)

depreciable assets. He examined the valuation of land and, on the basis of market enquiries and the revaluation carried out by the transferor company in March 2009, wherein the land was valued at about Rs. 488 crores, concluded that the fair value of land at the time of transfer

KOVALAM RESORT PRIVATE LIMITED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 2(1)(1), MUMBAI

ITA 6578/MUM/2025[2013-14]Status: DisposedITAT Mumbai30 Jan 2026AY 2013-14
Section 115JSection 142(1)Section 143(1)Section 143(2)Section 143(3)

depreciable assets. He examined the valuation of\nland and, on the basis of market enquiries and the revaluation\ncarried out by the transferor company in March 2009, wherein\nthe land was valued at about Rs. 488 crores, concluded that the\nfair value of land at the time of transfer

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(2), MUMBAI vs. LIGHTHOUSE LEARNING PRIVATE LIMITED, MUMBAI

In the result, the appeal filed by the revenue stands dismissed

ITA 5433/MUM/2024[2020-21]Status: DisposedITAT Mumbai30 Jan 2026AY 2020-21

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 14ASection 250Section 32(1)Section 32(1)(ii)Section 43(1)Section 43(6)

case, the Ld. CIT(A) failed to appreciate that the value of all the intangible assets of all the transferee and the transferor companies amounted to only Rs. 2,42,44,595/- at the end of the assessment year 2019- 2020 and the maximum depreciation allowable on the intangible assets ... basis that goodwill was recorded by mere book entries and in its orders had compared total of depreciation on intangible assets held by the transferor company (+) transferee company before the amalgamation with the depreciation claimed by the assessee after amalgamation. 10. In this regard, we noticed that

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(3), MUMBAI, MUMBAI vs. KALPATARU PROJECTS INTERNATIONAL LIMITED, GUJARAT

In the result, the appeal of the assessee bearing ITA No

ITA 6159/MUM/2025[2020-21]Status: DisposedITAT Mumbai13 Jan 2026AY 2020-21

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT DR
Section 115JSection 139(1)Section 147Section 250Section 90

High Court with effect from 1 April 2012. The terms of the approved scheme provided that all liabilities and duties of the transferor company shall stand transferred to the transferee company without any further act or deed. On the scheme coming into effect, the transferor was to stand dissolved without

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(3), MUMBAI, MUMBAI vs. KALPATARU PROJECTS INERNATIONAL LIMITED, GUJARAT

In the result, the appeal of the assessee bearing ITA No

ITA 6114/MUM/2025[2019-20]Status: DisposedITAT Mumbai13 Jan 2026AY 2019-20

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT DR
Section 115JSection 139(1)Section 147Section 250Section 90

High Court with effect from 1 April 2012. The terms of the approved scheme provided that all liabilities and duties of the transferor company shall stand transferred to the transferee company without any further act or deed. On the scheme coming into effect, the transferor was to stand dissolved without

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(3), MUMBAI, MUMBAI vs. KALPATARU PROJECTS INTERNATIONAL LIMITED, GUJARAT

In the result, the appeal of the assessee bearing ITA No

ITA 6113/MUM/2025[2018-19]Status: DisposedITAT Mumbai13 Jan 2026AY 2018-19

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT DR
Section 115JSection 139(1)Section 147Section 250Section 90

High Court with effect from 1 April 2012. The terms of the approved scheme provided that all liabilities and duties of the transferor company shall stand transferred to the transferee company without any further act or deed. On the scheme coming into effect, the transferor was to stand dissolved without

KALPATARU PROJECTS INTERNATIONAL LTD,GUJARAT vs. DCIT, CC-3(3), MUMBAI

In the result, the appeal of the assessee bearing ITA No

ITA 5961/MUM/2025[2018-19]Status: DisposedITAT Mumbai13 Jan 2026AY 2018-19

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT DR
Section 115JSection 139(1)Section 147Section 250Section 90

High Court with effect from 1 April 2012. The terms of the approved scheme provided that all liabilities and duties of the transferor company shall stand transferred to the transferee company without any further act or deed. On the scheme coming into effect, the transferor was to stand dissolved without

KALPATARU PROJECTS INTERNATIONAL LTD,MUMBAI vs. DCIT, CC-3(3), MUMBAI

In the result, the appeal of the assessee bearing ITA No

ITA 5960/MUM/2025[2019-20]Status: DisposedITAT Mumbai13 Jan 2026AY 2019-20

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT DR
Section 115JSection 139(1)Section 147Section 250Section 90

High Court with effect from 1 April 2012. The terms of the approved scheme provided that all liabilities and duties of the transferor company shall stand transferred to the transferee company without any further act or deed. On the scheme coming into effect, the transferor was to stand dissolved without

KALPATARU PROJECTS INTERNATIONAL LTD,GUJARAT vs. DCIT, CC-3(3), MUMBAI

In the result, the appeal of the assessee bearing ITA No

ITA 5959/MUM/2025[2020-21]Status: DisposedITAT Mumbai13 Jan 2026AY 2020-21

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT DR
Section 115JSection 139(1)Section 147Section 250Section 90

High Court with effect from 1 April 2012. The terms of the approved scheme provided that all liabilities and duties of the transferor company shall stand transferred to the transferee company without any further act or deed. On the scheme coming into effect, the transferor was to stand dissolved without

DCIT, BANGALORE vs. M/S THOMSON REUTERS INDIA SERVICES PVT. LTD.,, BANGALORE

In the result, appeal filed by revenue in IT(TP)

ITA 843/BANG/2015[2010-11]Status: DisposedITAT Mumbai31 Dec 2025AY 2010-11

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

Section 10ASection 10A(2)Section 143(3)

onwards. 11.1. The Ld.AR submitted that, Ld.AO allowed the deduction u/s 10A for AY 2006-07 in the hands of the transferor company. Since AY 2007-08, the said deduction was claimed by the assessee holding that, acquisition of UB Plaza Unit by way of slump sale

M/S. MAHLE FILTERS SYSTEMS (INDIA) LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 4621/DEL/2016[2010-11]Status: DisposedITAT Delhi15 Dec 2025AY 2010-11

Bench: Shri Mahavir Singh & Shri Krinwant Sahaydcit, Circle 16(1), Vs. Mahle Filters Systems (India) C.R. Bldg., New Delhi Ltd., 1, Sri Aurobindo Marg, New Delhi – 16 (Pan: Aaacp5890Q) (Appellant) (Respondent)

For Appellant: Sh. Neeraj Jain, Adv. & Sh. Tavish Verma, AdvFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 143(3)Section 391Section 80I

section 391 and 394 of the Companies Act, 1956. The salient features of the arrangement are as under:- 3 i. Erstwhile Mahle is the transferor company; ii. The assessee is the transferee company; iii. All property, rights, interest, liabilities, duties and power of the erstwhile Mahle were to be transferred ... Mahle shall stand dissolved. v. Upon the amalgamation scheme becoming effective, name of the transferee company shall be substituted with the name of the transferor company. The scheme of amalgamation was approved without any modifications by the High Court vide order dated 27.05.2008. 4. After the amalgamation, the assessee

DCIT, NEW DELHI vs. M/S MAHLE FILTER SYSTEMS (INDIA) PVT. LTD.,, NEW DELHI

ITA 4240/DEL/2016[2010-11]Status: DisposedITAT Delhi15 Dec 2025AY 2010-11

Bench: Shri Mahavir Singh & Shri Krinwant Sahaydcit, Circle 16(1), Vs. Mahle Filters Systems (India) C.R. Bldg., New Delhi Ltd., 1, Sri Aurobindo Marg, New Delhi – 16 (Pan: Aaacp5890Q) (Appellant) (Respondent)

For Appellant: Sh. Neeraj Jain, Adv. & Sh. Tavish Verma, AdvFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 143(3)Section 391Section 80I

section 391 and 394 of the Companies Act, 1956. The salient features of the arrangement are as under:- 3 i. Erstwhile Mahle is the transferor company; ii. The assessee is the transferee company; iii. All property, rights, interest, liabilities, duties and power of the erstwhile Mahle were to be transferred ... Mahle shall stand dissolved. v. Upon the amalgamation scheme becoming effective, name of the transferee company shall be substituted with the name of the transferor company. The scheme of amalgamation was approved without any modifications by the High Court vide order dated 27.05.2008. 4. After the amalgamation, the assessee

ADP PRIVATE LIMITED,HYDERABAD, TELANGANA vs. DCIT., CIRCLE 1(1), HYDERABAD, TELANGANA

In the result, the appeal filed by the assessee is allowed in terms of our observations given hereinabove

ITA 332/HYD/2025[2021-22]Status: DisposedITAT Hyderabad10 Dec 2025AY 2021-22

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 143(3)Section 144BSection 144C(13)Section 144C(5)Section 153Section 195(2)Section 40

Income. 9 ADP Private Limited 18.2 The Ld. AO has erred in law and in facts in not granting the TDS Credit of the transferor company to successor or transferee company even though the income of the transferor company is already considered by the successor company ... Return of Income. 18.4 The Ld. AO has erred in law and in facts in not granting the TCS Credit of the transferor company to successor or transferee company even though the corresponding transactions are recorded by the successor/transferee company. 19. Ground 19: Arithmetic error in calculation of the total

M/S GERA DEVELOPMENTS PVT. LTD,PUNE vs. PCIT (CENTRAL), PUNE, PUNE

In the result, the appeal filed by the assessee is dismissed

ITA 1053/PUN/2024[2020-21]Status: DisposedITAT Pune09 Dec 2025AY 2020-21

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Hari KrishanFor Respondent: Shri Amol Khairnar
Section 143(2)Section 143(3)Section 263

existing tangible assets as well as other existing intangible assets. There are no intangible assets shown in the books of accounts of the transferor company. It may be true that goodwill is to be recognized in the books of the assessee company as per prescribed accounting standards. However, this accounting

ACIT, NEW DELHI vs. M/S. KCT PAPERS LTD., NEW DELHI

In the result, grounds raised by the revenue are dismissed

ITA 3380/DEL/2014[2008-09]Status: DisposedITAT Delhi05 Dec 2025AY 2008-09

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharmaacit, Circle 5 (1) Vs. M/S. Kct Papers Limited, New Delhi. Thapar House, 124, Janpath, New Delhi – 110 001. (Pan : Aacck4937D) (Appellant) (Respondent) Assessee By : Shri Rohit Jain, Advocate Shri Deepesh Jain, Advocate Shri Tavish Verma, Advocate Revenue By : Shri Kailash Dan Ratnoo, Cit Dr Date Of Hearing : 10.09.2025 Date Of Order : 05.12.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-Viii, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 21.03.2014For Assessment Year 2008-09. 2. Brief Facts Of The Case Are, The Assessee Company Belongs To The Thapar Group Established By Late Lala Karam Chand Thapar. There Was A Family Settlement Between The Various Constituents Of The Karam Chand Thapar Family As A Result Of Which Revenue-Organization/Restructuring Of The Group Dated 27Th April, 2001. The Re April, 2001. The Re-Organization Of The Group Companies & Trusts Organization Of The Group Companies & Trusts Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala K.C. Thapar. The Family Tree Of Karam Chand T K.C. Thapar. The Family Tree Of Karam Chand Thapar Family Is Explained As Hapar Family Is Explained As Under In The Form Of A Diagrammatic Chart: Under In The Form Of A Diagrammatic Chart:

For Appellant: Shri Rohit Jain, AdvocateFor Respondent: Shri Kailash Dan Ratnoo, CIT DR
Section 391

modalities of transfer and vesting, on occurrence of the Effective Date, the whole of the business, personnel, property and assets of the Transferor Companies shall stand transferred to and be vested in KCTBL, without any further act or deed, and by virtue of the Orders passed ... Delhi High Court in the following manner: (a) With effect from the Appointed Date, the Transferor Companies’ Business and Undertaking shall stand transferred to and be vested in KCBL without any further deed or act, together with all their properties, assets, investments, rights, benefits and interest therein, subject to existing

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