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Alankit Finsec Limited vs Dy. Commissioner Of Income Tax Central ... on 24 April, 2023

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                          $~3
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 4836/2023 & CM APPL. 18693-18694/2023
                                 ALANKIT FINSEC LIMITED
                                                                                 ..... Petitioner
                                                 Through: Mr Salil Kapoor, Adv. with Mr Sumit
                                                          Lalchandani, Mr Tarun Chanana, Mr
                                                          Shivam Yadav and Ms Ananya
                                                          Kapoor, Advs.
                                                 versus

                                 DY. COMMISSIONER OF INCOME TAX CENTRAL
                                 CIRCLE 28 DELHI                          ..... Respondent
                                               Through: Mr Shailendera Singh, Sr. Standing
                                                          Counsel with Ms Sacchita Shahi, Mr
                                                          Viplav Acharya and Mr Akash
                                                          Saxena, Advs.
                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                 HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                               ORDER

% 24.04.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM No. 18694/2023

1. Allowed, subject to the petitioner filing legible copies of the annexures, at least three days before the next date of hearing. W.P.(C) 4836/2023 & CM APPL. 18693/2023 [Application filed on behalf of the petitioner seeking interim relief]

2. This writ petition concerns Assessment Year (AY) 2010-11.

3. The record shows that search qua Alankit Group was conducted on 18.10.2019.

4. According to Mr Salil Kapoor, who appears on behalf of the petitioner, the proceedings under Section 153C of the Income Tax Act, 1961 [in short, "the Act"] could not have been triggered for the AY in issue i.e., AY 2010-11.

5. Mr Kapoor says that this very issue is being considered by the court in several other matters including W.P.(C) 3714/2023, titled Ashwani Kumar Gupta v. Assistant Commissioner of Income Tax Central Circle.

6. Issue notice.

6.1 Mr Shailendera Singh, senior standing counsel, accepts notice on behalf of the respondents/revenue.

7. Counter-affidavit will be filed within the next six weeks. 7.1 Rejoinder thereto, if any, will be filed at least five days before the next date of hearing.

8. List the matter on 17.10.2023.

9. In the meanwhile, no precipitate action will be taken against the petitioner.

10. Parties will act based on the digitally signed copy of the order.

RAJIV SHAKDHER, J TARA VITASTA GANJU, J APRIL 24, 2023/SA Click here to check corrigendum, if any W.P.(C) 4836/2023 Page 2 of 2 Signature Not Verified Digitally Signed By:RAHUL Signing Date:01.05.2023 16:56:05