Delhi High Court - Orders
South East Up Power Transmission ... vs Deputy Commissioner Of Income Tax, ... on 2 November, 2022
Author: Manmohan
Bench: Manmohan, Manmeet Pritam Singh Arora
$~S-54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15121/2022 & CM APPL.46761/2022
SOUTH EAST UP POWER TRANSMISSION COMPANY
LIMITED ..... Petitioner
Through: Mr.Ved Jain, Advocate with
Mr.Nischay Kantoor and Ms.Richa
Mishra, Advocates.
versus
DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL
CIRCLE-19 DELHI & ORS. ..... Respondents
Through: Mr.Kunal Sharma, Sr.Standing
Counsel with Ms.Zehra Khan,
Mr.Shray Nargora and Mr.Siddharth
Jamwal, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 02.11.2022 CM APPL.46762/2022 (exemption) Allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 15121/2022 & CM APPL.46761/2022 Learned counsel for the petitioner states that the impugned proceedings are barred by virtue of Section 149(1)(b) of the Income Tax Act, 1961 ('the Act'), as the income alleged to have escaped assessment is Rs.8,01,500/- i.e. less than Rs.50,00,000/- and three years have expired since the end of the relevant assessment year.
Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:03.11.2022 18:24:50Issue notice. Mr.Kunal Sharma, learned senior standing counsel for the respondents-revenue, accepts notice. He prays for and is permitted to file a counter affidavit within two weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
List on 28th November, 2022 along with connected matters. Though the Assessing Officer is permitted to pass the assessment order, yet it is directed that the same shall not be given effect to and shall be subject to further orders to be passed by this Court.
MANMOHAN, J MANMEET PRITAM SINGH ARORA, J NOVEMBER 2, 2022 TS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:03.11.2022 18:24:50