Delhi High Court - Orders
Rahul Gupta vs The Income Tax Office & Ors on 13 March, 2020
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1419/2020
RAHUL GUPTA
..... Petitioner
Through : Mr.Dayan Krishnan, Sr Advocate
with Ms.Jyoti Taneja and Mr.Vidur
Kamra, Advocates.
versus
THE INCOME TAX OFFICE & ORS.
..... Respondents
Through : Mr.Abhishek, Mr.Pralaysh Gupta,
Ms.Nupur Sharma and Mr.Anshul
Sharma, Advocates for R1.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 13.03.2020 CRL.M.A.No.5444/2020 Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 1419/2020 & CRL.M.A.No.5445/2020 This petition is filed under Section 482 Criminal Procedure Code for quashing of the summoning order dated 26.02.2018 passed in CC No.4277/2018 against the petitioner and also the subsequent proceedings pending before learned Trial Court.
The main grievance of the leaned senior counsel for petitioner is the petitioner is being harassed by the Department by filing a complaint case under Section 276cc of the Income Tax Act which is in respect of a partnership firm. The dispute pertains to non-filing of return of such partnership firm for the assessment year 2013-14 per Section 140CC of the Income Tax Act.
The learned senior counsel for petitioner submits the partnership deed was never a part of the documents relied upon in the complaint and petitioner herein was never a partner of M/s.P. P. Jewellers Exports hence the complaint against him must be dismissed.
Issue notice.
The learned counsel for the respondent No.1/department accepts notice and intends to file a status report in this case. Be filed within a week from today with an advance copy thereof to the learned counsel for petitioner.
List on 21.04.2020 and in the meanwhile considering the submissions made by the learned senior counsel for petitioner, the personal appearance of petitioner before learned Trial Court is exempted.
Order dasti to both sides under signature of the Court Master.
YOGESH KHANNA, J.
MARCH 13, 2020 M