Delhi High Court - Orders
M/ S Vinayak Services Pvt Ltd vs Income Tax Officer Ward 26(3) Delhi & Ors on 24 August, 2022
Author: Manmohan
Bench: Manmohan, Manmeet Pritam Singh Arora
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12220/2022
M/ S VINAYAK SERVICES PVT LTD ..... Petitioner
Through: Mr. Vishal Agarwal, Advocate
versus
INCOME TAX OFFICER WARD 26(3) DELHI & ORS.
..... Respondents
Through: Mr. Puneet Rai, Advocate
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 24.08.2022 CM APPL. 36636/2022 Exemption allowed, subject to all just exceptions. Accordingly, the present application stands disposed of. W.P.(C) 12220/2022 & CM APPL.36635/2022 Present writ petition has been filed challenging the order passed under Section 148A(d) of the Income Tax Act, 1961 [ for short 'Act'] and the notice issued under Section 148 of the Act both dated 22nd July, 2022 for the Assessment Year [AY] 2014-15.
Learned counsel for the petitioner states that the assessment of the creditor in the present case M/s. BKR Capital Private Limited was completed vide assessment order dated 27th March, 2022 under Section 147 of the Act, wherein an addition of Rs.4,46,00,000/- was made under Section Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:25.08.2022 19:01:43 68 of the Act. He states that the same amount cannot be added twice, once in the hands of the creditor and again in the hands of the recipient.
He further states that the impugned notice dated 22nd July, 2022 issued under Section 148 of the Act is time-barred under the first proviso to Section 149(1)(b) of the Act. He points out that the reassessment proceedings are void as the notice dated 28th June, 2021 issued under Section 148 of the Act was served on the Petitioner through e-mail and the Income Tax portal on 14th July, 2021 i.e. beyond the extended time period up to 30th June, 2021.
Issue notice.
Mr. Puneet Rai, learned counsel accepts notice on behalf of the Respondents. He prays for and is permitted to file a counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
List on 14th December, 2022.
Though the Assessing Officer is permitted to pass the assessment order, yet it is directed that the same shall not be given effect to and shall be subject to further orders to be passed by this Court.
MANMOHAN, J MANMEET PRITAM SINGH ARORA, J AUGUST 24, 2022 AS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:25.08.2022 19:01:43