Delhi High Court - Orders
Nimit Builders Pvt. Ltd vs Pr. Commissioner Of Income Tax 4 on 25 February, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~24, 25, 28 and 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2584/2021 & CM Nos.7633-34/2021
NIMIT BUILDERS PVT. LTD. .....Petitioner
Through: Ms. Kavita Jha, Mr. Vaibhav
Kulkarni and Mr. Anant Mann, Advs.
versus
PR. COMMISSIONER OF INCOME TAX 4 .....Respondent
Through: Mr. Ajit Sharma, Adv.
W.P.(C) 2587/2021 & CM Nos.7645/2021
M/S MODELAMA EXPORTS PVT. LTD. .....Petitioner
Through: Mr. Arvind Kumar, Adv.
versus
PR. COMMISSIONER OF INCOME TAX 4 .....Respondent
Through: Mr. Ajit Sharma, Adv.
W.P.(C) 2600/2021
NOVA POWER PVT. LTD. .....Petitioner
Through: Mr. Inder Paul Bansal, Mr. Vivek
Bansal and Mr. Sanjay Goel, Advs.
versus
PR. COMMISSIONER OF INCOME TAX 4 & ORS. ...Respondents
Through: Ms. Vibhooti Malhotra, Adv.
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:28.02.2021
23:26:25
W.P.(C) 2635/2021
RAJIV DANIA .....Petitioner
Through: Mr. Inder Paul Bansal, Mr. Vivek
Bansal and Mr. Sanjay Goel, Advs.
versus
PR. COMMISSIONER OF INCOME TAX 7 & ORS. ...Respondents
Through: Mr. Sunil Kumar Aggarwal, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 25.02.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM No.7634/2021 in W.P.(C) 2584/2021 CM Nos.7645/2021 in W.P.(C) 2587/2021
1. Allowed, subject to just exceptions.
W.P.(C)Nos.2584/2021, 2587/2021, 2600/2021 & 2635/2021
2. The issue, which is raised in the captioned petitions, is similar to the issue which arises for consideration in WP(C) 2579/2021, WP(C) 2594/2021, WP(C) 2612/2021 and WP(C) 2615/2021.
3. Issue notice in the writ petitions and the interlocutory applications.
4. Learned counsels, whose names are given hereinabove, accept service on behalf of the respondents.
4.1. Counter-affidavits will be filed within four weeks from today. 4.2. Rejoinders thereto, if any, will be filed before the next date of hearing.
5. For the moment, the petitioners in the aforementioned matters will Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:28.02.2021 23:26:25 pay tax, which will be equivalent to the 100% of the disputed tax. In case the petitioners were to fail in the captioned writ petitions, they will pay tax equivalent to 125% of the disputed tax, along with suitable interest, if any, that may be ordered to be paid by the Court.
6. Learned counsels for the petitioners and the Revenue are, for the moment, agreeable to this pro tem arrangement being put in place as the deadline for deposit of disputed tax is expiring on 31.03.2021.
7. List the matters on 04.05.2021.
8. It is made clear that if the petitioners were to succeed in the matters, consequential relief will follow, in terms of the provisions of the Direct Tax Vivad Se Vishwas Act, 2020 and the Rules framed thereunder.
RAJIV SHAKDHER, J TALWANT SINGH, J FEBRUARY 25, 2021 aj Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:28.02.2021 23:26:25