Introduction

The petitioner, Kanakia Spaces Realty Private Limited, challenged the validity of an Order-in-Original passed under Section 74 of the CGST Act on the ground that the entire adjudication proceedings had been initiated against M/s. Kanakia Supremo Construction Private Limited (KSCPL), a company that had ceased to exist pursuant to a scheme of amalgamation sanctioned by the Bombay High Court.

Under the approved scheme, KSCPL merged into the petitioner company and stood dissolved without undergoing the process of winding up. Consequently, its name was removed from the records of the Registrar of Companies, and all its assets, liabilities, rights and obligations vested in the petitioner as the successor company.