Whether proceedings are valid against a non-existent entity due its change in constitution ?
TRT-2026-1315

Issue Favourable to Tax Payer ?:- yes

Held - Undisputed facts are that before the three assessment orders were passed, the company MVIL stood merged with the petitioner company and, therefore, the orders in question were passed against a non-existent company. The Hon'ble Supreme Court in the case of Maruti Suzuki India Limited (supra), in a case pertaining to income tax, came to the conclusion that the issuance of notice.....

TRT-2026-1318

Issue Favourable to Tax Payer ?:- yes

Held - Section 87 essentially seeks to preserve and identify the transactions which may have occurred between two or more companies which ultimately amalgamate and merge. In order to fix the liabilities that would accrue under the CGST Act and to avoid a contention being raised that the Amalgamating Company and transactions undertaken with it would no longer be subject to tax, the Legislature, ex abundanti cautela, has come to place Section 87.....