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Religare Enterprises Limited (As ... vs Assistant Commissioner Of Income Tax & ... on 23 September, 2022

Author: Manmohan

Bench: Manmohan, Manmeet Pritam Singh Arora

                              $~S-31
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    W.P.(C) 13807/2022 & CM APPL.42192/2022
                                   RELIGARE ENTERPRISES LIMITED (AS SUCCESSOR-IN-
                                   INTEREST OF RELIGARE SECURITIES LTD)        ..... Petitioner
                                                 Through: Mr.Rohit Jain, Advocate with
                                                          Mr.Aniket D.Agrawal and Ms.Somya
                                                          Jain, Advocates.

                                                      versus

                                   ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
                                                                             ..... Respondents
                                                Through: Mr.Sunil    Agarwal,       Sr.Standing
                                                         Counsel with Mr.Tushar Gupta,
                                                         Jr.Standing Counsel and Mr.Utkarsh
                                                         Tiwari, Advocate.

                              CORAM:
                              HON'BLE MR. JUSTICE MANMOHAN
                              HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                      ORDER

% 23.09.2022 CM APPL.42193/2022 (exemption) Allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 13807/2022 & CM APPL.42192/2022 Learned counsel for the petitioner states that the issue raised in the present writ petition is covered by the decision of the Supreme Court in Pr.Commissioner of Income Tax v. Maruti Suzuki India Limited, [2019] 107 taxmann.com 375 (SC).

Issue notice. Mr.Sunil Agarwal, learned counsel for the respondents- revenue, accepts notice. He states that the issue at hand is not covered by the aforesaid judgment but by the judgments of the Supreme Court in Dalmia Power Limited and Anr. Vs. Assistant Commissioner of Income Tax Circle 1, Trichy, (2020) 14 SCC 736 and Principal Commissioner of Income Tax (Central) - 2 vs. Mahagun Realtors (P) Ltd., 2022 SCC OnLine SC 407. He prays for and is permitted to file a counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.

Till further orders, there shall be a stay of the impugned notice issued under Section 148 of the Income Tax Act, 1961.

List on 4th November, 2022 along with connected matters.

MANMOHAN, J MANMEET PRITAM SINGH ARORA, J SEPTEMBER 23, 2022 TS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:26.09.2022 19:19:04