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Delhi High Court - Orders

Rockwell Automation India Pvt Ltd vs Deputy Commissioner Of Income Tax ... on 22 November, 2024

Author: Vibhu Bakhru

Bench: Vibhu Bakhru, Swarana Kanta Sharma

                                    $~44
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 16243/2024 & CM APPL. 68337/2024, CM APPL.
                                                68338/2024
                                                ROCKWELL AUTOMATION INDIA PVT LTD.                                                   .....Petitioner
                                                                                      Through:                 Mr. Ajay Vohra, Senior Advocate
                                                                                                               with Mr. Aniket D. Agrawal and Mr.
                                                                                                               Abhishek Singhvi, Advocates
                                                                                      versus

                                                DEPUTY COMMISSIONER OF INCOME TAX
                                                CIRCLE 19(1) DELHI & ORS.                                                         .....Respondents

                                                                                      Through:                 Mr. Sunil Agarwal, SSC with Mr.
                                                                                                               Shivansh B. Pandya, Mr. Viplav
                                                                                                               Acharya, JSCs and Mr. Utkarsh
                                                                                                               Tiwari, Advocate

                                                CORAM:
                                                HON'BLE MR. JUSTICE VIBHU BAKHRU
                                                HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                                                      ORDER

% 22.11.2024

1. The petitioner has filed the present petition inter alia praying as under:

"a) a writ in the nature of mandamus/ certiorari or any other appropriate writ, order or direction for quashing the final assessment order dated 28.10.2024 passed by Respondent No.2 under section 143(3) r.w.s. 144C(13) and 144B of the Act along with notice of demand of even date issued under section 156 of the Act, in the case of the Petitioner for assessment year 2021-22 and all proceedings/ actions consequent thereto..."

2. At the outset, Mr. Agarwal, the learned counsel for the Revenue 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 28/11/2024 at 21:26:47 states on instructions that the said prayer may be allowed as the Assessing Officer (hereafter AO) has inadvertently missed out an order passed by the Transfer Pricing Officer giving effect to the directions issued by the Dispute Resolution Panel under Section 144C(5) of the Income Tax Act, 1961.

3. Mr. Vohra, learned senior counsel appearing for the petitioner also contends that the present petition be disposed of by allowing the said prayer. Accordingly, it is so directed.

4. The assessment order dated 28.10.2024 is set aside.

5. The matter stands restored before the AO.

6. The present petition is disposed of. Pending applications also stand disposed of.

VIBHU BAKHRU, J SWARANA KANTA SHARMA, J NOVEMBER 22, 2024 ns Click here to check corrigendum, if any 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 28/11/2024 at 21:26:47