Delhi High Court - Orders
Emirates Shipping Line Fze (Erstwhile ... vs The Assistant Commissioner Of ... on 28 May, 2024
Author: Yashwant Varma
Bench: Yashwant Varma, Purushaindra Kumar Kaurav
$~69 & 70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7807/2024 & CM APPL. 32368/2024 (stay)
EMIRATES SHIPPING LINE FZE (ERSTWHILE
EMIRATES SHIPPING LINE DMCEST) ..... Petitioner
Through: Mr. Vishal Kalra and Ms.
Snigdha Gautam, Advs.
versus
THE ASSISTANT COMMISSIONER OF INCOME-TAX
CIRCLE 1(2)(2), NEW DELHI ..... Respondent
Through: Mr. Puneet Rai, Sr.SC with Mr.
Ashvini Kumar and Mr.
Rishabh, Jr.SCs.
70
+ W.P.(C) 7808/2024 & CM APPL. 32371/2024
EMIRATES SHIPPING LINE FZE (ERSTWHILE
EMIRATES SHIPPING LINE DMCEST) ..... Petitioner
Through: Mr. Vishal Kalra and Ms.
Snigdha Gautam, Advs.
versus
THE ASSISTANT COMMISSIONER OF INCOME-TAX
CIRCLE 1(2)(2), NEW DELHI ..... Respondent
Through: Mr. Puneet Rai, Sr.SC with Mr.
Ashvini Kumar and Mr.
Rishabh, Jr.SCs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
ORDER
% 28.05.2024 CM APPL. 32369/2024 (Ex.) in W.P.(C) 7807/2024 CM APPL. 32372/2024 (Ex.) in W.P.(C) 7808/2024
1. Allowed, subject to all just exceptions.
2. The applications are disposed of.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2024 at 21:16:04 W.P.(C) 7807/2024 & CM APPL. 32368/2024 (stay) W.P.(C) 7808/2024 & CM APPL. 32371/2024
3. Notice. Since the respondent is represented by Mr. Rai, let a reply be filed within a period of four weeks from today. The petitioner shall have two weeks therefrom to file a rejoinder affidavit.
4. Prima facie, we find ourselves unable to sustain the orders dated 18 March 2024 [W.P.(C) 7807/2024] and 31 March 2024 [W.P.(C) 7808/2024] passed under Section 148A(d) of the Income Tax Act, 1961 ["Act"] bearing in mind the fact that all relevant and material particulars had been duly provided in the replies of the writ petitioner dated 08 March 2024 [W.P.(C) 7807/2024] and 10 February 2024 [W.P.(C) 7808/2024]. None of that material has been accorded any consideration.
5. More fundamentally, we take note of the submission that the income in question stands covered by Article 8 of the India United Arab Emirates Double Taxation Avoidance Agreement.
6. Consequently and till the next date of listing, we restrain the respondent from taking further steps pursuant to the impugned notices dated 28 February 2024 issued under Section 148A(b) of the Act and impugned orders dated 18 March 2024 [W.P.(C) 7807/2024] and 31 March 2024 [W.P.(C) 7808/2024] issued under Section 148A(d) of the Act.
7. Let these petitions be called again on 20.09.2024.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J.
MAY 28, 2024/p This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2024 at 21:16:04