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Delhi High Court - Orders

M/S Bdr Builders And Developers Private ... vs Assistent Commissioner Of Income Tax, ... on 31 March, 2022

Author: Manmohan

Bench: Manmohan, Dinesh Kumar Sharma

                          $~43
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 5409/2022 & C.M.Nos.16186-16187/2022
                                 M/S BDR BUILDERS AND DEVELOPERS PRIVATE LIMITED
                                                                            ..... Petitioner
                                               Through Mr.Salil Aggarwal, Sr.Advocate with
                                                       Mr.Madhur Aggarwal and Mr.Uma
                                                       Shankar, Advocates.
                                               versus

                                 ASSISTENT COMMISSIONER OF INCOME TAX, CENTRAL
                                 CIRCLE -15, DELHI                 ..... Respondent
                                                 Through None.
                                 CORAM:
                                 HON'BLE MR. JUSTICE MANMOHAN
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                           ORDER

% 31.03.2022 The papers of present writ petition have been circulated in pursuance to a special mentioning being allowed by Hon'ble the Acting Chief Justice. None is present for the Revenue as the matter is not shown in the cause list and seems to have been mentioned in the absence of learned counsel for the Revenue.

A perusal of the papers reveals that the last impugned order was passed on 25th February, 2022. There is no explanation as to why the present writ petition was filed as late as 28th March, 2022 and mentioned today, knowing very well that the last date for passing the re-assessment order is today- which fact is known to all.

This Court is of the view that the present writ petition has been filed at the eleventh hour just to put pressure on the system and to ensure that Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:31.03.2022 22:59:18 neither Revenue/Income Tax Department have any time to prepare the case nor the Court gets any time to peruse the paper book.

This Court is of the view that such a stratagem cannot be allowed to succeed.

List the matter tomorrow.

MANMOHAN, J DINESH KUMAR SHARMA, J MARCH 31, 2022 KA Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:31.03.2022 22:59:18