Basant Projects Limited v. Dcit Circle 4(2) Delhi & ANR.

$~73 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17543/2024 & CM APPL. 74710-11/2024 BASANT PROJECTS LIMITED .....Petitioner Through:

Mr Ruchesh Sinha and Ms Monalisa Maity, Advocates.

versus DCIT CIRCLE 4(2) DELHI & ANR.

.....Respondents Through:

Mr. Debesh Panda, SSC Ms. Zehra Khan, Mr. Vikramaditya Singh, JSCs Mr. Kanishk Aggarwal, Advocates.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 19.12.2024 1.

Issue notice. The learned counsel for the Revenue accepts notice. 2.

The petitioner has filed the present petition, inter alia, impugning a notice dated 31.08.2024 (hereafter the impugned notice) issued under Section 148 of the Income Tax Act, 1961 (hereafter the Act) in respect of the assessment year (AY) 2014-15. The petitioner contends that the impugned notice is barred by the limitation.

3.

Concededly, the issue is covered in favour of the petitioner by an earlier decision of this court in Dinesh Jindal v. Assistant Commissioner of DHC:4554-DB. In terms of the said decision, the period of ten years is required to be reckoned from the end of the assessment year relevant to the financial year in which the notice under Section 148 of the Act has been issued. The petitioner has set out a tabular statement indicating ten years 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 08/01/2025 at 11:55:49

that would be covered within the period of limitation. The said tabular statement is set out below:- Sr.

No.

A Y Years Narration 2025-26 1st year 2024-25 2nd year 2023-24 3rd year 2022-23 4th year 2021-22 5th year 2020-21 6th year 2019-20 7th year 2018-19 8th year 2017-18 9th year 2016-17 10th year 2015-16 Time Barred 2014-15 Time Barred 4.

The learned counsel appearing for the Revenue concurs with the said tabular statement.

5.

In view of the above, the present petition is allowed and the impugned notice is set aside. Pending applications also stand disposed of. VIBHU BAKHRU, ACJ TUSHAR RAO GEDELA, J DECEMBER 19, 2024 M Click here to check corrigendum, if any 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 08/01/2025 at 11:55:49