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Delhi High Court - Orders

Religare Enterprises Ltd. (As ... vs Assistant Commissioner Of Income Tax & ... on 8 December, 2021

Author: Manmohan

Bench: Manmohan, Navin Chawla

                          $~32
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 13930/2021
                                RELIGARE ENTERPRISES LTD. (AS SUCCESSOR-IN-
                                INTEREST OF RGAM INVESTMENT ADVISERS PRIVATE
                                LIMITED)                                     ..... Petitioner
                                              Through  Mr. Rohit Jain with Mr. Aniket D.
                                                       Agrawal, Advocates.

                                                   versus

                                ASSISTANT COMMISSIONER OF INCOME TAX & ANR.
                                                                     ..... Respondents
                                                   Through       Mr. Sunil Kumar Agarwal, Advocate.

                                CORAM:
                                HON'BLE MR. JUSTICE MANMOHAN
                                HON'BLE MR. JUSTICE NAVIN CHAWLA

                                             ORDER

% 08.12.2021 CM No. 43991/2021 (Exemption) in WP(C) 13930/2021 Allowed, subject to all just exceptions. Accordingly, application stands disposed of. WP(C) 13930/2021 & CM No. 43990/2021 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 PCIT Vs. Maruti Suzuki India Ltd., (2019) 107 taxmann.com 375.

Issue notice. Mr. Sunil Kumar Agarwal, learned counsel for Revenue accepts notice. He states that the issue at hand is not covered by the aforesaid judgment but by the judgment passed by the Supreme Court in Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:10.12.2021 11:12:25 Dalmia Power Ltd. vs. ACIT (2020) 14 SCC 736.

Mr. Agarwal, learned counsel for Revenue 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 order, there shall be a stay of the notice dated 26th March, 2021 issued under Section 148 of the Income Tax Act, 1961.

List on 14th February, 2022 along with connected matters.

MANMOHAN, J NAVIN CHAWLA, J DECEMBER 8, 2021 AS Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:10.12.2021 11:12:25