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Delhi High Court - Orders

Megha Engineering And Infrastructure ... vs Income Tax Settlement Commission & Ors on 3 November, 2022

Author: Manmohan

Bench: Manmohan, Manmeet Pritam Singh Arora

                              $~31 & 32
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    W.P.(C) 3479/2021
                                   MEGHA ENGINEERING AND
                                   INFRASTRUCTURE LTD.                      ..... Petitioner
                                                    Through: Mr. Parag P. Tripathi, Senior Advocate
                                                             with Mr. Apoorv P. Tripathi,
                                                             Mr. Srinivasan Ramaswamy and
                                                             Ms. Riya Kalra, Advocates.
                                                    versus

                                   INCOME TAX SETTLEMENT
                                   COMMISSION & ORS.                        ..... Respondents
                                                Through: Mr. Sanjay Kumar, Advocate

                              32
                              +    W.P.(C) 3710/2021

                                   WESTERN UP POWER TRANSMISSION CO. LTD. ..... Petitioner
                                                Through: Mr. Parag P. Tripathi, Senior Advocate
                                                         with Mr. Apoorv P. Tripathi,
                                                         Mr. Srinivasan Ramaswamy and
                                                         Ms. Riya Kalra, Advocates.

                                                     versus

                                   INCOME TAX SETTLEMENT
                                   COMMISSION & ORS.                           ..... Respondents
                                                Through: Mr. Zoheb Hossain, Advocate with
                                                         Mr. Vipul Agrawal and Mr. Parth
                                                          Semwal, Advocates.
                                                         Mr. Tanveer Ahmed Ansari, Advocate
                                                         for UOI.

                                   CORAM:
                                   HON'BLE MR. JUSTICE MANMOHAN
                                   HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA


Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:04.11.2022
19:28:58
                                                           ORDER

% 03.11.2022 CM Appl. 47038/2022 in W.P.(C) 3479/2021 Keeping in view the averments in the application, the same is allowed and delay in filing the counter affidavit is condoned and the same is taken on record.

Accordingly, present application stands disposed of. CM Appl. 47039/2022 in W.P.(C) 3479/2021 W.P.(C) 3710/2021 Present application has been filed for clarification of the order dated 22nd July, 2021 by the respondents.

Issue notice.

Mr. Apoorv P. Tripathi, learned counsel accepts notice on behalf of the petitioner. He states that he has no objection to the present application being allowed.

Consequently, with consent of parties, the order dated 22nd July, 2021 shall now read as under:-

"The petitions have been heard by way of video conferencing. Mr. Zoheb Hossain and Mr. Sanjay Kumar, learned counsel for respondents pray for and are permitted to file their counter affidavits within four weeks. Rejoinder affidavits, if any, be filed before the next date of hearing.
It is clarified that the time period during which the interim order passed by this Court remains in subsistence will be counted towards the time stipulated under Explanation 1 to Section 153 and Explanation (i) to Section 153B of the Income Tax Act, 1961.
List on 16th November, 2021.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail."

Accordingly, present application stands disposed of.

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:04.11.2022 19:28:58

W.P.(C) 3479/2021 W.P.(C) 3710/2021 Learned senior counsel for the petitioners prays for and is permitted to file rejoinder affidavits before the next date of hearing.

List on 20th February, 2023.

Interim order(s) to continue.

MANMOHAN, J MANMEET PRITAM SINGH ARORA, J NOVEMBER 3, 2022 js Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:04.11.2022 19:28:58