Delhi High Court - Orders
Ernst And Young Emeia Services Limited vs Assistant Commissioner Of Income Tax ... on 27 September, 2024
Author: Vibhu Bakhru
Bench: Vibhu Bakhru, Swarana Kanta Sharma
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13687/2024 & CM APPL. 57322/2024
ERNST AND YOUNG EMEIA SERVICES LIMITED.....Petitioner
Through: Mr. Kamal Sawhney, Mr. Nikhil
Agarwal, Mr. Nishank Vashistha &
Mr. Puru Medhira, Advocates.
versus
ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-
INTERNATIONAL TAX-1-2-2, DELHI .....Respondent
Through: Mr. Sunil Kumar Agarwal, Senior
Standing Counsel with Mr. Shivansh
B. Pandya, Junior Standing Counsel
Mr. Viplav Acharya, Junior Standing
Counsel & Mr. Utkarsh Tiwari,
Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 27.09.2024
1. Issue notice.
2. Learned counsel for the respondents accepts notice.
3. The petitioner has filed the present petition, inter-alia, impugning a notice dated 20.06.2024, issued under Section 148A(d) of the Income Tax Act, 1961 (hereafter the Act), calling upon the petitioner to show-cause as to why proceedings under Section 147 of the Act be not initiated against it.
4. Prima facie, the said notice does not disclose any valid reason for re- opening the assessment. It merely states that the Assessee had claimed 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 05/11/2024 at 16:06:41 exempt income of ₹5,14,21,33,981/-, for the Assessment Year 2018-19, in its Income Tax Return. The fact that the Assessee had claimed that its income was exempt from tax, is not a ground for re-opening the assessment. The notice does not indicate any reasons that suggests that the income of the petitioner escaped assessment.
5. The petitioner also impugns an order dated 29.08.2024, passed under Section 148A(d) of the Act, pursuant to the aforesaid notice.
6. The learned counsel appearing for the respondent seeks time to take instructions and if necessary, file a reply.
7. List on 22.10.2024.
8. Reply, if any, be filed within a period of one week from today. Rejoinder, if any, be filed before the next date of hearing.
9. In the meanwhile, further proceedings pursuant to the order dated 29.08.2024 and notice dated 20.06.2024 are stayed.
VIBHU BAKHRU, J SWARANA KANTA SHARMA, J SEPTEMBER 27, 2024/at Click here to check corrigendum, if any 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 05/11/2024 at 16:06:41