Delhi High Court - Orders
Sarla Holdings Private Limited vs Pr Commissioner Of Income Tax Delhi-7 ... on 13 February, 2024
Author: Yashwant Varma
Bench: Yashwant Varma, Purushaindra Kumar Kaurav
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 325/2024 & CM APPL. 1485/2024 (Stay)
SARLA HOLDINGS PRIVATE LIMITED ..... Petitioner
Through: Mrs. Prem Lata Bansal, Sr.
Adv. with Mr. Shivang Bansal,
Adv.
Versus
PR COMMISSIONER OF INCOME TAX DELHI-7 NEW
DELHI & ANR. ..... Respondents
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Deeksha Gutpa, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
ORDER
% 13.02.2024
1. Mr. Bhatia, learned counsel appearing for the respondents, on instructions, draws our attention to Section 115BAA(5) of the Income Tax Act, 1961["Act"] to contend that apart from Form No.10-IC, the assessee is also obliged to exercise an option in the Return of Income.
2. Prima facie, we find ourselves unable to sustain that submission bearing in mind the plain language in which sub-section (5) of Section 115BAA of the Act stands couched as also Rule 21AE of the Income Tax Rules, 1962.
3. The respondents may file a reply, if so chosen and advised, on or before the next date fixed.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/02/2024 at 22:11:34
4. In order to enable Mr. Bhatia to address further submissions, let this matter be called again on 01.03.2024.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J.
FEBRUARY 13, 2024/p This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/02/2024 at 22:11:34