PR. COMMISSIONER OF INCOME TAX, CENTRAL-2 vs NAHAR ENTERPRISES

Judgment text excerpt

25-1992-2018-ITXA-F.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1992 OF 2018 Digitally signed by Principal Commissioner of Income Tax, UDAY UDAY SHIVAJI Central-2, Mumbai .. Appellant SHIVAJI JAGTAP JAGTAP Date: 2025.07.14 18:31:18 +0530 Versus Nahar Enterprises .. Respondent Mr. Suresh Kumar, Advocates for the Appellant Mr. J.D. Mistri, Senior Advocate a/w Asifa Khan, Parimal K. Shroff, D.V. Deokar, Sachin Pandey i/b Parimal K. Shroff and Co. for the Respondent CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: JULY 10, 2025. ORAL JUDGMENT :- (Per B.P. Colabawalla, J.) 1. The above Income Tax Appeal is filed by the Appellant-Revenue being aggrieved by the judgment and order dated 7 th April 2017 passed by the Income Tax Appellate Tribunal, “G” Bench, Mumbai (for short “ITAT”) in ITA No. 2853/Mum/2015. The assessment year in question is AY 2010-11. According to the Revenue, the impugned order gives rise to the following Substantial Questions of Law :- “6.1 Whether on the facts and in the circumstances of the case and in law, the Hon’ble ITAT was justified in holding that Page 1 of 18 JULY 10, 2025 Uday S. Jagtap 25-1992-2018-ITXA-F.doc assessment made u/s 143(3) r.w.s. 153A is bad in law being nullity in eyes of law as the search warrant was issued in the name of non-existing entity when the search warrant specifically mentioned the name of the merged entity and the existing entity as Nahar Enterprises (now known as Nahar Builders Limited)? 6.2 Whether on the facts and in the circumstances of the case and in law, the Hon’ble ITAT is justified in holding that search warrant was issued in the name of non-existing entity, when, the said entity had only merged with other entity and there was no stoppage o