Delhi High Court - Orders
Gautam Khaitan vs Union Of India & Ors on 23 March, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~9 & 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 618/2019, CRL.M.A. 4336/2019 & CRL.M.A.
12696/2020 & CRL.M.A. 4991/2021
GAUTAM KHAITAN ..... Petitioner
Through Mr. P.V. Kapur, Sr. Adv. with
Mr. A.T. Patra, Mr. Aditya Ghadge,
Mr. Dhananjay Sahay, Mr. Sidhant
Kapur, Ms. Kaveri & Mr. Nagrath,
Advs.
versus
UNION OF INDIA & ORS ..... Respondents
Through Mr. Amit Mahajan, CGSC for UOI
+ W.P.(CRL) 1877/2019, CRL.M.A. 30829/2019, CRL.M.A.
12695/2020 & CRL.M.A. 4955/2021
RITU KHAITAN ..... Petitioner
Through Mr. P.V. Kapur, Sr. Adv. with
Mr. A.T. Patra, Mr. Aditya Ghadge,
Mr. Dhananjay Sahay, Mr. Sidhant
Kapur, Ms. Kaveri & Mr. Nagrath,
Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr. Amit Mahajan, CGSC for UOI
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 23.03.2021 CRL.M.A. 4992/2021 & CRL.M.A. 4993/2021 in W.P.(CRL) 618/2019 and CRL.M.A. 4956/2021& CRL.M.A. 4957/2021 in W.P.(CRL) 1877/2019 Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:24.03.2021 16:25:13 Exemptions allowed, subject to all just exceptions. The applications stand disposed of.
W.P.(CRL) 618/2019 & W.P.(CRL) 1877/2019
1. Despite passover, Mr. Zoheb Hossain is not available and is stated to be held up before another Bench.
2. Mr. Kapur has pointed out that the same set of questions of law arises for consideration in the case of Geetika Jain as also the present case. He submits that when Ms. Geetika Jain had earlier preferred W.P.(C) 9579/2020, Mr. Zoheb Hossain had himself stated before the Court on 01.12.2020 that her case was similar to the present case. The order dated 01.12.2020 inter alia records as follows:-
"At the pass over stage, Mr. Deepak Anand and Mr. Zoheb Hossain, learned counsel for the respondent state that the issues raised in the present writ petition are similar/identical and/or overlap with the issues in W.P. (Crl.) Nos. 618/2019 and 1877/2019 filed by Mr. and Mrs. Gautam Khaitan and pending before the DB-I. They pray that the matter be listed before Division Bench-I."
3. Mr. Kapur points out that the aforesaid writ petition being W.P.(C) 9579/2020, came to be disposed of on the statement made by the department that the issue of jurisdiction would first be adjudicated before passing of any assessment order qua Geetika Jain. Subsequent to the disposal of W.P.(C) 9579/2020, the order rejecting the jurisdictional issues was passed by the Joint Commissioner of Income Tax on 22.01.2021, whereafter she preferred W.P.(C) 1693/2021. A coordinate Bench of this Court, while dealing with the said writ petition alongwith W.P.(C) 1692/2021 and W.P.(C) 1503/2021, has on 11.02.2021 directed that the petitioners herein may participate in the assessment proceedings, and no final order of assessment be passed till the Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:24.03.2021 16:25:13 next date of hearing in the petition. Mr. Kapur submits that after taking an adjournment on the last date to verify whether the issues raised in the present case were similar to those in the case of Ms. Geetika Jain, the department has proceeded to hastily pass the assessment order, even though the same could have been passed anytime till 31.03.2021. He submits that this Court, while adjourning the matter at the request of the respondent, had kept the matter for today only to ensure that the hearing takes place before 31.03.2021. However, by passing the assessment order on 15.03.2021 the respondents have sought to render the present petition infructuous.
4. We find prima facie merit in the submission of Mr. Kapur and therefore, stay the operation of the assessment order as well as the consequential demand notices, all dated 15.03.2021.
5. The respondents may file reply to the petitioner's applications being CRL.M.A. 4991/2021in W.P.(CRL) 618/2019 & CRL.M.A. 4955/2021 in W.P.(CRL) 1877/2019 within three weeks.
6. List for further consideration on 07.09.2021.
VIPIN SANGHI, J REKHA PALLI, J MARCH 23, 2021 kk Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:24.03.2021 16:25:13