Calcutta High Court (Appellete Side)
Vedanta Resources Private Limited vs The Assistant Commissioner Of Income ... on 29 January, 2025
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
11
ss 29.01.2025
WPA 29264 of 2024
Vedanta Resources Private Limited
Vs.
The Assistant Commissioner of Income Tax Circle
11(1), Kolkata & Ors.
Mr. Avra Mazumder
Ms. Alisha Das
Mr. S. Bhowmik
Mr. S. Das
Ms. E.Dey
Mr. S. N. Banerjee
Mr. A. Hossain
... ... for the petitioner
Mr. Amit Sharma
Mr. Prayas Sarkar
... ... for the respondents
Learned counsel appearing for the petitioner submits that the petitioner has informed the concerned Income Tax Officer, Ward-10(1), Kolkata that way back on 11th February, 2019 the amalgamated company surrendered it's PAN Card as the company merged with petitioner from 1st April, 2017. From the assessment year 2018-19, there is no existence of that amalgamated company and as such there is no existence of the PAN number being AABCH6931R of the Income Tax Act. Under the above facts the jurisdictional assessing officer has passed an order under Clause (d) of Section 148A of the Income Tax Act, 1961 against the non existing company and prays for quashing of the same.
Learned counsel appearing for the respondent authorities on written instruction submits that there is no information regarding the surrender of PAN and the concerned jurisdictional Income Tax Office has rightly WPA 29264 of 2024 -2- passed an order under Clause (d) of Section 148A of the Income Tax Act, 1961 in respect of the amalgamated company and prays leave to file affidavit-in-opposition.
Heard learned counsel appearing for the parties. Let affidavit-in-opposition be filed within four weeks from date. Reply, if any, be filed within two weeks thereafter.
Let this matter again appear in the Monthly list of April, 2025 under the heading "Hearing".
Since the petitioner has been able to make out a prima facie case, there shall be a stay of the order under Clause (d) of Section 148A of the Income Tax Act dated 19th April, 2024 till the disposal of the writ petition.
(Rajarshi Bharadwaj, J.)