Hotel Excelsior Ltd v. New Delhi Municipal Council

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 618/2024 &CM APPL. 2725/2024 HOTEL EXCELSIOR LTD ..... Petitioner Through:

Mr. Sandeep Sethi, Sr. Adv. and Mr.

Maninder Acharya, Sr. Adv. along with Ms. Malini, Mr. Vikas Mishra and Mr. Kartik Nagar Katti, Advs.

versus NEW DELHI MUNICIPAL COUNCIL ..... Respondent Through:

Ms. Kanika Agnihotri, SC for NDMC

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 30.01.2024

O R D E R

The hearing has been conducted through video-conferencing. 1.

After some hearing, learned standing counsel for the respondent submits that without prejudice to the rights and contentions of the respondent, the respondent shall withdraw the impugned assessment order (Annexure P-2) as also the consequential impugned notices of demand (Annexure P-3 and P-4) and shall pass a fresh assessment order after affording an opportunity of hearing to the petitioner. It is directed accordingly.

2.

It is agreed by the respective counsel for the parties that the petitioner shall be granted a fresh hearing by the concerned Director (Tax) of the respondent to consider the pleas of the petitioner raised in this petition who shall thereafter pass a fresh speaking/ assessment order, as expeditiously as possible. It is further agreed by the respective counsel that hearing before the concerned Director (Tax) shall be held on 07.02.2024 at 11.00 AM. 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 30/07/2024 at 12:54:45

3.

Accordingly, the petitioner/authorized representative of the petitioner is directed to appear before the concerned Director (Tax) on 07.02.2024. 4.

Needless to say, the petitioner shall be at liberty to avail legal/ statutory remedies as may be available to it under law upon completion of the aforesaid exercise. The respondent shall also be at liberty to raise fresh demand/s and/or take further steps upon completion of the aforesaid exercise.

5.

With the aforesaid directions, the petition stands disposed of. SACHIN DATTA, J JANUARY 30, 2024/AT 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 30/07/2024 at 12:54:45