Interglobe Aviation Limited vs Assistant Commissioner Of Income Tax & ... on 28 April, 2023

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Delhi High Court - Orders

Interglobe Aviation Limited vs Assistant Commissioner Of Income Tax & ... on 28 April, 2023

Bench: Vibhu Bakhru

                          $~71
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     W.P.(C) 5174/2023 & CM APPL. 20198/2023

                                INTERGLOBE AVIATION LIMITED        ..... Petitioner
                                             Through: Mr. Rohit Jain, Mr. Aniket
                                                       D. Agrawal & Mr.
                                                       Abhishek Singhvi, Advs.
                                                versus

                                ASSISTANT COMMISSIONER OF INCOME TAX &
                                ORS.                            ..... Respondents
                                             Through: Mr. Abhishek Maratha, Sr.
                                                      Standing Counsel with Mr.
                                                      Mr. Akshat Singh, Jr.
                                                      Standing Counsel for
                                                      Income Tax Dept.

                                CORAM:
                                HON'BLE MR. JUSTICE VIBHU BAKHRU
                                HON'BLE MR. JUSTICE AMIT MAHAJAN

                                                   ORDER

% 28.04.2023 CM APPL. 20199/2023

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of. W.P.(C) 5174/2023 & CM APPL. 20198/2023

3. Issue notice.

4. The petitioner has filed the present petition impugning a notice dated 30.06.2021 issued under Section 148 of the Income Tax Act, 1961.

5. One of the issues raised by the petitioner is that the assessment year 2014-2015 is sought to be reopened on erroneous premise that the petitioner had made purchases from Shreya Sales Corporation and SK Enterprises.

Signature Not Verified 6. According to the petitioner, he has not paid any money to Digitally Signed By:HARMINDER KAUR Signing Date:29.04.2023 18:03:14

the said two entities namely, Shreya Sales Corporation or SK Enterprises and has no transaction whatsoever with the said two entities.

7. The fundamental basis for reopening the assessment is that the petitioner had made purchases for a sum of ₹ 25,01,226/- from Shreya Sales Corporation and for a sum of ₹ 35,01,435/- from SK Enterprises and this amount was paid by the assessee through banking channels to the said entities.

8. Mr. Maratha, learned counsel appearing for the respondent requests for an adjournment to show material to substantiate the basis that assessee had transferred the aforesaid amounts to the bank account, FDR, Shreya Sales Corporation and SK Enterprises respectively.

9. List on 09.05.2023.

VIBHU BAKHRU, J AMIT MAHAJAN, J APRIL 28, 2023 'MR' Signature Not Verified Digitally Signed By:HARMINDER KAUR Signing Date:29.04.2023 18:03:14

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Delhi High Court - Orders