Delhi High Court - Orders
Ge India Industrial Private Limited ... vs Assistant Commissioner Of Income Tax, ... on 8 January, 2025
Author: Yashwant Varma
Bench: Yashwant Varma
$~76 & 78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 133/2025 & CM 540/2025 (Interim relief)
GE INDIA INDUSTRIAL PRIVATE LIMITED SUCCESSOR
IN INTEREST TO GE INDIA EXPORTS PRIVATE
LIMITED .....Petitioner
Through: Mr. Sachit Jolly, Sr. Adv with
Mr. Rishabh Malhotra, Ms.
Disha Jham & Mr. Devansh
Jain, Advs.
versus
ASSISTANT COMMISSIONER OF INCOME TAX, OSD
RANGE 10, NEW DELHI & ANR. .....Respondents
Through: Mr. Abhishek Maratha, SSC
with Mr. Parth Semwal, Mr.
Apoorv Agarwal, Jr. SCs, Ms.
Nupur Sharma, Mr. Gaurav
Singh, Mr. Bhanukaran Singh
Jodha, Ms. Muskan Goel, Mr.
Kamakshraj Singh & Mr.
Himanshu Gaur, Advs.
+ W.P.(C) 135/2025 & CM APPL. 547/2025 (Interim Relief)
GE INDIA INDUSTRIAL PRIVATE LIMITED SUCCESSOR
IN INTEREST TO GE INDIA TECHNOLOGY CENTRE
PRIVATE LIMITED
.....Petitioner
Through: Mr. Sachit Jolly, Sr. Adv with
Mr. Rishabh Malhotra, Ms.
Disha Jham & Mr. Devansh
Jain, Advs.
versus
ASSISTANT COMMISSIONER OF INCOME-TAX, OSD
RANGE 10, NEW DELHI & ANR. .....Respondents
Through: Mr. Abhishek Maratha, SSC
with Mr. Parth Semwal, Mr.
Apoorv Agarwal, Jr. SCs, Ms.
Nupur Sharma, Mr. Gaurav
Singh, Mr. Bhanukaran Singh
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 31/01/2025 at 21:42:02
Jodha, Ms. Muskan Goel, Mr.
Kamakshraj Singh & Mr.
Himanshu Gaur, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
ORDER
% 08.01.2025 CM APPL. 541/2025 (Ex.) in W.P.(C) 133/2025 CM APPL. 548/2025 (Ex.) in W.P.(C) 135/2025 Allowed subject to all just exceptions. Applications stand disposed of.
W.P.(C) 133/2025 & CM APPL. 540/2025 (Interim Relief) W.P.(C) 135/2025 & CM APPL. 547/2025 (Interim Relief)
1. Notice. Since the respondents are represented by Mr. Maratha, let a reply be filed within a period of three weeks from today. The petitioner shall have two weeks' time therefrom to file a rejoinder affidavit.
2. Prima facie, we find merit in the challenge which stands mounted to the reassessment action pertaining to Assessment Year1 2020-21. Mr. Jolly, learned senior counsel representing the writ petitioner draws our attention to the Schemes of Arrangement which came to be approved by the Principal Bench of the National Company Law Tribunal2 and in terms of which GE India Exports Private Limited3 and GE India Technology Centre Private Limited4 stood amalgamated with the writ petitioner on 31 March and 1 AY 2 NCLT 3 GEIEPL 4 GEITCPL 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 31/01/2025 at 21:42:02 20 March 2017, respectively.
3. The Show Cause Notices5 under Section 148A(b) of the Income Tax Act, 19616 in W.P.(C) 133/2025 proceeded on the basis that certain payments relating to a credit card amounting to INR 21,90,03,253/- and relating to a credit card and TDS under Section 194J amounting to INR 13,69,38,311/- in W.P.(C) 135/2025 had escaped assessment for the concerned AY. The SCNs also proceeded on the premise that no Return of Income7 had been filed.
4. The aforesaid basis for the formation of opinion would, prima facie, not sustain bearing in mind the factum of GEIEPL and GEITCPL having amalgamated with the present writ petitioner and which had, in fact, subsequently filed a consolidated ROI after the sanction of the Schemes of Arrangement. This fact clearly appears to have escaped the attention of the respondents and who had proceeded on the premise that the writ petitioners had failed to make appropriate disclosures. Matter requires consideration.
5. Accordingly, and till the next date of listing, we restrain the respondents from taking further steps pursuant to the impugned notices under Section 148 dated 30 March 2024.
6. Let the writ petitions be called again on 18.02.2025.
YASHWANT VARMA, J.
HARISH VAIDYANATHAN SHANKAR, J.
JANUARY 08, 2025/v 5 SCN 6 Act 7 ROI 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 31/01/2025 at 21:42:02