Delhi High Court - Orders
Religare Enterprises Ltd. (As ... vs Assistant Commissioner Of Income Tax & ... on 10 December, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~47 & 48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14061/2021
RELIGARE ENTERPRISES LTD. (AS SUCCESSOR-IN-
INTEREST OF RELIGARE ARTS INVESTMENT
MANAGEMENT LIMITED) ..... Petitioner
Through: Mr.Rohit Jain and Mr.Aniket D.
Agrawal, Advs.
versus
ASSISTANT COMMISSIONER OF INCOME TAX & ANR.
..... Respondents
Through: Mr.Sunil Agarwal, Sr. SC, Mr.Tushar
Gupta, Jr. SC and Mr.Samarth
Chaudhari, Adv.
$~48
+ W.P.(C) 14062/2021
RELIGARE ENTERPRISES LTD (AS SUCCESSOR-IN-INTEREST
OF RGAM CAPITAL INDIA LTD.) ..... Petitioner
Through: Mr.Rohit Jain and Mr.Aniket D.
Agrawal, Advs.
versus
ASSISTANT COMMISSIONER OF INCOME TAX & ANR.
..... Respondents
Through: Mr.Sunil Agarwal, Sr. SC, Mr.Tushar
Gupta, Jr. SC and Mr.Samarth
Chaudhari, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 10.12.2021 CM APPL. 44382/2021(Exemption) in W.P.(C) 14061/2021 CM APPL. 44384/2021(Exemption) in W.P.(C) 14062/2021 Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.12.2021 11:15:31 Allowed, subject to all just exceptions. Applications stand disposed of.
W.P.(C) 14061/2021 & CM APPL. 44381/2021 W.P.(C) 14062/2021 & CM APPL. 44383/2021 Learned counsel for the petitioners states that the issue raised in the present writ petitions is covered by the decision of the Supreme Court in PCIT Vs. Maruti Suzuki India Ltd., (2019) 107 taxmann.com 375.
Issue notice. Mr. Sunil Kumar Agarwal, learned counsel for Revenue accepts notices. He states that the issue at hand is not covered by the aforesaid judgment but by the judgment passed by the Supreme Court in Dalmia Power Ltd. vs. ACIT (2020) 14 SCC 736.
Mr. Agarwal, learned counsel for Revenue prays for and is permitted to file the counter affidavits within four weeks. Rejoinder affidavits, if any, be filed before the next date of hearing.
Till further order, there shall be a stay of the impugned notices issued under Section 148 of the Income Tax Act, 1961.
List on 14th February, 2022 along with connected matters.
MANMOHAN, J NAVIN CHAWLA, J DECEMBER 10, 2021 N Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.12.2021 11:15:31