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Delhi High Court - Orders

Ajay Thakkar (On Behalf Of M/S Nicco ... vs Ito Ward 18(3) Delhi on 7 February, 2022

Author: Manmohan

Bench: Manmohan, Navin Chawla

                              $~38
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     W.P.(C) 2230/2022
                                    AJAY THAKKAR (ON BEHALF OF M/S NICCO POWER
                                    PROJECTS PVT LTD SINCE DISSOLVED)
                                                                                 ..... Petitioner
                                                  Through: Mr.Nagesh    Kumar        Behl      &
                                                           Mr.Mayank Pachauri, Advs.

                                                       versus

                                    ITO WARD 18(3) DELHI
                                                                                         ..... Respondent
                                                       Through:      Mr.Udit    Sharma,       Adv     for
                                                                     Ms.Vibhooti Malhotra, Sr. Standing
                                                                     Counsel.

                                    CORAM:
                                    HON'BLE MR. JUSTICE MANMOHAN
                                    HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                 ORDER

% 07.02.2022 The petition has been heard by way of video conferencing. CM APPL. 6419-20/2022 (Exemptions) Allowed, subject to all just exceptions. Accordingly, the applications stand disposed of. W.P.(C) 2230/2022 Learned counsel for the petitioner states that the issue raised in the present writ petition is covered by the decision of the Supreme Court in PCIT Vs. Maruti Suzuki India Ltd., (2019) 107 taxmann.com 375.

Issue notice. Mr.Udit Sharma, learned counsel for Revenue accepts notice. He states that the issue at hand is not covered by the aforesaid Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.02.2022 11:36:29 judgment but by the judgment passed by the Supreme Court in Dalmia Power Ltd. vs. ACIT (2020) 14 SCC 736.

Mr.Udit Sharma, learned counsel for the Revenue prays for some time to obtain instructions.

List on 14th February, 2022 along with connected matters. Till further order, there shall be a stay of the impugned notice issued under Section 148 of the Income Tax Act, 1961.

MANMOHAN, J NAVIN CHAWLA, J FEBRUARY 7, 2022/rv Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.02.2022 11:36:29