Pr. Commissioner Of Income Tax-7, Delhi vs Vedanta Ltd on 29 July, 2024

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Delhi High Court - Orders

Pr. Commissioner Of Income Tax-7, Delhi vs Vedanta Ltd on 29 July, 2024

Bench: Yashwant Varma

                             $~73
                             *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         ITA 88/2022
                                       PR. COMMISSIONER OF INCOME
                                       TAX-7, DELHI                     .....Appellant
                                                    Through: Mr. Puneet Rai, SSC With Mr.
                                                              Ashvini Kumar, Mr. Rishab
                                                              Nangia & Mr. Nikhil Jain,
                                                              Advs.

                                                                            versus

                                       VEDANTA LTD.                                                              .....Respondent
                                                                            Through:                 Mr. Prakash Kumar, Adv.
                                       CORAM:
                                       HON'BLE MR. JUSTICE YASHWANT VARMA
                                       HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                                     ORDER

% 29.07.2024 CM APPL. 42452/2024 (214 Days Delay in Written Submission) Bearing in mind the disclosures made, the delay of 214 days in re-filing the Written Submission is condoned.

Application stands disposed of.

ITA 88/2022

1. Notice. Since the respondent is duly represented, no further steps need be taken.

2. We take note of the contention of Mr. Rai, learned counsel that it was only in the order of the Transfer Pricing Officer ["TPO"] that the predecessor entity had been named. We are apprised that both in the directions framed by the Dispute Resolution Panel ["DRP"] as well as the final assessment order that was framed, it was the amalgamated entity which was named as a party.

3. We, consequently, admit this appeal on the following question 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 02/08/2024 at 23:26:04 of law:

A. Whether the inadvertent mistake committed by the TPO as well as Assessing Officer ["AO"] in not mentioning the name of the entity correctly is a curable mistake under the Income Tax Act, 1961 ["Act"] specifically rectifiable in light of decision rendered by the Supreme Court in case of Sky Light Hospitality LLP vs. ACIT [(2018) 13 SCC 147]?

4. Let the matter be called again on 13.09.2024.

YASHWANT VARMA, J TARA VITASTA GANJU, J JULY 29, 2024/kk 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 02/08/2024 at 23:26:04

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Delhi High Court - Orders