Delhi High Court - Orders
M/S Ge (Shanghai) Power Technology Co. ... vs Assistant Commissioner Of Income Tax, ... on 7 April, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~36, 39 & 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5799/2022 & CM No.17351/2022
M/S GE (SHANGHAI) POWER TECHNOLOGY CO. LTD.
......Petitioner
Through: Mr Deepak Chopra, Mr Ankul Goyal
and Ms Pratishtha Singh, Advocates.
versus
ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE INT.
TAX1(3)(1) AND ANR ......Respondents
Through: Mr Sunil Agarwal, Sr. Standing
Counsel with Mr Turshal Gupta and
Mr Samarth Chaudhari, Advs.
+ W.P.(C) 5815/2022 & CM No.17471/2022
M/S GE POWER GMBH (EARLIER KNOWN AS M/S GE POWER
AG AND EALIER TO THAT AS ALSTOM POWER AG)
......Petitioner
Through: Mr Deepak Chopra, Mr Ankul Goyal
and Ms Pratishtha Singh, Advocates.
versus
ASSISTENT COMMISSIONER OF INCOME TAX CIRCLE INT
TAX 1(3) (1) AND ANR ......Respondents
Through: Mr Ruchir Bhatia, Sr. Standing
Counsel with Mr Shlok Chandra, Ms
Mansie Jain and Mr Ashutosh Jain,
Advs.
+ W.P.(C) 5816/2022 & CM APPL. 17472/2022
GE POWER GMBH (EARLIER KNOWN AS M/S GE POWER AG
AND EARLIER TO THAT AS ALSTOM POWER AG)......Petitioner
Through: Mr Deepak Chopra, Mr Ankul Goyal
and Ms Pratishtha Singh, Advocates.
versus
W.P.(C) 5799/2022 & Conn. 1/4
Signature Not Verified
Digitally Signed By:PREM
MOHAN CHOUDHARY
Signing Date:11.04.2022
16:38:50
ASSISTENT COMMISSIONER OF INCOME TAX CIRCLE INT
TAX 1(3) (1) AND ANR ......Respondents
Through: Mr Ruchir Bhatia, Sr. Standing
Counsel with Mr Shlok Chandra, Ms
Mansie Jain and Mr Ashutosh Jain,
Advs.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MS JUSTICE POONAM A. BAMBA
ORDER
% 07.04.2022 [Physical Hearing/Hybrid Hearing (as per request)]
1. Mr Deepak Chopra, who appears on behalf of the petitioners, says that the issue which arises for consideration in the above-captioned matters also arises in certain other matters, in which notice has been issued by this Court.
1.1 By way of illustration, our attention has been drawn to the order dated 16.03.2022, passed in W.P.(C) No.4207/2022.
2. Mr Sunil Agarwal, who appears on behalf of the respondents/revenue, submits that there is a difference between those matters and the above- captioned matters, inasmuch as the draft assessment orders have been passed as far as the above-captioned matters are concerned. 2.1. We may note that this fact is not disputed by Mr Chopra. 2.2. However, Mr Chopra says that the fundamental issue, as to whether the Assessing Officer [AO] could have acquired jurisdiction to issue notice under Section 148 of the Income Tax Act, 1961 (in short the 'Act') is common to the connected matters, including the above-captioned matters.
W.P.(C) 5799/2022 & Conn. 2/4 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:11.04.2022 16:38:503. Mr Chopra argues that the assessment years [AYs] involved in the above-captioned matters are AY 2013-2014 [W.P.(C) No.5799/2022], AY 2016-2017 [W.P.(C) No.5815/2022], and AY 2017-2018 [W.P.(C) No.5816/2022].
4. It is Mr Chopra's contention that what is not in dispute is that the statements, inter alia, on which the revenue relies, were recorded in a survey carried out under Section 133A(1) of the Act. These statements were recorded in 2019.
4.1. As to what would be the legal impact of these statements, is something that needs to be evaluated.
4.2 It is also the contention of Mr Chopra that copies of these statements were not furnished to the writ petitioners i.e., the assessees.
5. According to us, the above-captioned matters need further examination.
6. Issue notice.
6.1 Mr Sunil Agarwal accepts notice in W.P.(C) 5799/2022 on behalf of the respondents/revenue, while Mr Shlok Chandra accepts notice in W.P.(C) 5815/2022 and W.P.(C) 5816/2022 on behalf of the respondents/revenue.
7. Counter-affidavit(s) will be filed, within the next four weeks. Rejoinder(s) thereto, if any, will be filed before the next date of hearing.
8. List the above-captioned matters on 09.09.2022.
W.P.(C) 5799/2022 & Conn. 3/4 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:11.04.2022 16:38:509. In the meanwhile, there shall be a stay on the operation of the impugned notice dated 17.03.2021 assailed in W.P.(C) 5799/2022 as well as impugned notices dated 30.03.2021 challenged in W.P.(C) 5815/2022 and W.P.(C) 5815/2022, issued under Section 148 of the Act.
RAJIV SHAKDHER, J POONAM A. BAMBA, J APRIL 7, 2022/rb Click here to check corrigendum, if any W.P.(C) 5799/2022 & Conn. 4/4 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:11.04.2022 16:38:50