Moser Baer India Limited v. Deputy Commissioner Of Income-Tax & ANR.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3252/2015 & CM No. 5826/2015 MOSER BAER INDIA LIMITED ..... Petitioner Through:

Mr. Ajay Vohra, Sr. Advocate along with Mr. Aditya Vohra, Advocate.

versus DEPUTY COMMISSIONER OF INCOME-TAX & ANR.

..... Respondents Through:

Mr. Rahul Chaudhary, Sr. Standing Counsel along with Mr. Raghuvendra Singh, Jr.

Standing Counsel, Advocate.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 20.10.2016 The assessee in this writ petition has questioned re-assessment notice for AY 2007-2008. It is contended that there is no tangible material to justify the re-opening of concluded assessment and that in similar circumstances for other assessment orders, this court has set aside notices under Section 147/148 of the Income Tax Act. Learned counsel for the revenue submits that according to his instructions-through the letter of the Deputy Commissioner of Income Tax dated 05.04.2016, a decision has been taken not to press the issue and furthermore that the re-assessment proceedings for the year in question would be dropped/not pursued.

In these circumstances, we are of the opinion that the petition has to succeed. The re-assessment notice and consequently proceedings are hereby quashed.

S. RAVINDRA BHAT, J DEEPA SHARMA, J OCTOBER 20, 2016 sapna