Upcountry Land And Projects Private Limited v. Income Tax Officer, Ward 27(1), Delhi & ORS.
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1477/2023 & CM APPL. 5543/2023 (interim relief) UPCOUNTRY LAND AND PROJECTS PRIVATE LIMITED ..... Petitioner Through:
Mr. Ved Jain, Mr. Nischay Kantoor and Ms. Soniya Dodeja, Advs.
versus INCOME TAX OFFICER, WARD 27(1), DELHI & ORS.
..... Respondents Through:
Mr. Aseem Chawla, Sr.SC with Ms. Pratishtha Chaudhary, Mr.
Aditya Gupta and Ms. Nivedita, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 22.02.2024 1.
Learned counsels for parties are ad idem that the challenges in this writ petition stand concluded in favour of the assessee in light of the judgment rendered in Twylight Infrastructure (P) Ltd. v. CIT [2024 SCC OnLine Del 330].
2.
We accordingly, allow the instant writ petition and quash the impugned notices dated 30 June 2021 and 27 May 2022 and order dated 30 July 2022, subject to liberty reserved as per paragraph Nos. 28 to 30 of Twylight Infrastructure, which read as under: "28. Before us, the counsel for the revenue continue to hold this position. The only liberty that they seek is that if, based on the judgment in Ganesh Dass Khanna, the impugned orders and notices are set aside, liberty be given to the revenue to commence reassessment proceedings afresh.
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 26/02/2024 at 15:26:39
29. Therefore, having regard to the aforesaid, the impugned notices and orders in each of the above-captioned writ petitions are quashed on the ground that there is no approval of the specified authority, as indicated in Section 151(ii) of the Act. The direction is issued with the caveat that the revenue will have liberty to take steps, if deemed necessary, albeit as per law.
30. Needless to add, the rights and contentions of both the sides will remain open, in the event the revenue triggers reassessment proceedings."
3.
The writ petition is disposed of accordingly. YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J.
FEBRUARY 22, 2024/p 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 26/02/2024 at 15:26:39