TROIKAA PHARMACEUTICALS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant, an assessee, has prayed for the following reliefs;

(2.) We have heard Ms. Nupur Shah, the learned counsel appearing for the writ applicant, Mr. M.R. Bhatt, the learned senior counsel appearing for the Revenue and Mr. Devang Vyas, the learned Addl. Solicitor General appearing for the respondent No.1. The subject matter of challenge in the present writ application is to the notice issued under Sec. 148 of the Income Tax Act, 1961 (for short "the Act, 1961") dtd. 28/3/2021 for reopening of the assessment for the A.Y.2016-17. The impugned notice came to be issued by the Department in the name of the present writ applicant. Ms. Shah would submit that the writ applicant, namely, Troikaa Pharmaceuticals Ltd came to be merged with Troikaa Exports Private Ltd. Ms. Shah invited the attention of this Court to the order passed by this High Court in the Company Petition No.18 of 2016 decided on 9/3/2016 approving the merger.

(3.) In view of the aforesaid, the principal argument of Ms. Shah is that Troikaa Pharmaceuticals Ltd. could no longer be said to be in existence and, therefore, the notice issued under Sec. 148 to a non-existing company could be said to be a nullity.