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Rts Footwear Pvt Ltd vs Pcit-7, Delhi on 24 March, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Talwant Singh

                      $~23
                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      W.P.(C) 3930/2021
                             RTS FOOTWEAR PVT LTD                                       ..... Petitioner
                                                  Through:    Mr. Venketesh Chaurasia and Ms.
                                                              Rano Jain, Advocates

                                                  versus

                             PCIT-7, DELHI                                        ..... Respondent
                                                  Through:    Mr. Sunil Agarwal, Advocate

                             CORAM:
                             HON'BLE MR. JUSTICE RAJIV SHAKDHER
                             HON'BLE MR. JUSTICE TALWANT SINGH
                                     ORDER

% 24.03.2021 CM APPL. 11814/2021

1. Allowed, subject to just exceptions.

W.P.(C) 3930/2021 & CM APPL. 11813/2021

2. The issue, which is raised in the captioned petition, is similar to the issue which arises for consideration in WP(C) 2579/2021, WP(C) 2594/ 2021, WP(C) 2612/2021 and WP(C) 2615/2021.

3. Issue notice in the captioned petition and the interlocutory application.

4. Learned counsels, whose name is given hereinabove, accepts service on behalf of the revenue.

4.1. Counter-affidavit will be filed within four weeks from today. 4.2. Rejoinder thereto, if any, will be filed before the next date of hearing.

5. For the moment, the petitioner in the instant matter will pay tax, which will be equivalent to the 100% of the disputed tax. In case the petitioner were to fail in the captioned petition, it will pay tax equivalent to 125% of the disputed tax, along with suitable interest, if any, that may be ordered to be paid by the Court.

6. Learned counsel for the petitioner and the revenue are, for the moment, agreeable to this pro tem arrangement being put in place as the deadline for deposit of disputed tax is expiring on 30.04.2021.

7. List the matter on 04.05.2021.

8. It is made clear that if the petitioners were to succeed in the matter, consequential relief will follow, in terms of the provisions of the Direct Tax Vivad Se Vishwas Act, 2020 and the Rules framed thereunder.

RAJIV SHAKDHER, J TALWANT SINGH, J MARCH 24, 2021 pa Click here to check corrigendum, if any W.P.(C) 3930/2021 2/2 Signature Not Verified Signed By:HARIOM Signing Date:26.03.2021 18:10:41