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HC quashes GST demand notices issued in name of company which was amalgamated with another company
THE HON’BLE KARNATAKA HIGH COURT IN THE CASE OF TRELLEBORG INDIA PVT. LTD. V/s STATE OF KARNATAKA, decided on 2-7-2024
👉 Issue:-
✔️ Can demand notices issued in name of company which was amalgamated with another company?
👉 The Hon’ble High Court Judgement:-
✔️ Where Sealing Solutions (India) Pvt. Ltd. was amalgamated resulting in creation of petitioner-company, Trelleborg India Pvt. Ltd., vide NCLT order dated 13-6-2017, petitioner-company was issued notices in Form GST DRC-01 between 4-9-2022 to 18-5-2024, for tax periods for tax periods 2017-18, 2018-19 and 2019-20, once amalgamating entity ceases to exist upon approved Scheme of Amalgamation, question of continuing proceedings as regards non-existent company could not be permitted, show cause notices were to be set aside.
Section 87 of Central Goods and Services Tax Act, 2017
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