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Guardian Portfolio Consultants ... vs Pr. Commissioner Of Income Tax 4 & Anr on 25 March, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Talwant Singh

                          $~26
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 3951/2021
                                 GUARDIAN PORTFOLIO CONSULTANTS PRIVATE LIMITED
                                                                            ..... Petitioner
                                             Through: Mr. Aniket D. Agrawal with Ms.
                                                      Manisha Sharma, Advs.

                                                     versus

                                 PR. COMMISSIONER OF INCOME TAX 4 & ANR.
                                                                              ..... Respondents
                                                Through: Mr. Abhishek Maratha, Sr. Standing
                                                         Counsel for revenue.
                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                 HON'BLE MR. JUSTICE TALWANT SINGH
                                          ORDER

% 25.03.2021 CM No.11870/2021

1. Allowed, subject to just exceptions.

W.P.(C)No. 3951/2021 & CM No.11869/2021

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 writ petition and the interlocutory application.

4. Mr. Abhishek Maratha, who appears on advance notice, accepts service on behalf of the respondents.

4.1. Counter-affidavit will be filed within three 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 aforementioned 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 writ 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 petitioner 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 25, 2021/pmc Click here to check corrigendum, if any W.P.(C) 3951/2021 2/2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:01.04.2021 12:46:59