M/S Infonox Software Pvt.Ltd. & ORS v. Deputy Commissioner Of Income Tax Through Neeraj Gupta, Dcit,

$~20-24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3724/2018 M/S INFONOX SOFTWARE PVT.LTD. & ORS ..... Petitioner Through Mr.Deepak Chopra and Ms.Rashi Khanna, Advocates.

versus DEPUTY COMMISSIONER OF INCOME TAX THROUGH NEERAJ GUPTA, DCIT, ..... Respondent Through Ms.Vibhooti Malhotra, Junior Standing Counsel for Mr.Ruchir Bhatia,Sr.Standing counsel + CRL.M.C. 4077/2018 M/S. INFONOX SOFTWARE PRIVATE LIMITED & ORS.

..... Petitioner Through Mr.Deepak Chopra and Ms.Rashi Khanna, Advocates.

versus DEPUTY COMMISIONER OF INCOME TAX ..... Respondent Through Ms.Vibhooti Malhotra, Junior Standing Counsel for Mr.Ruchir Bhatia,Sr.Standing Counsel + CRL.M.C. 4081/2018 M/S. INFONOX SOFTWARE PRIVATE LIMITED & ORS.

..... Petitioner Through Mr.Deepak Chopra and Ms.Rashi Khanna, Advocates.

versus DEPUTY COMMISIONER OF INCOME TAX ..... Respondent Through Ms.Vibhooti Malhotra, Junior Standing Counsel for Mr.Ruchir Bhatia,Sr.Standing Counsel + CRL.M.C. 4082/2018 M/S. INFONOX SOFTWARE PRIVATE LIMITED & ORS.

..... Petitioner Through Mr.Deepak Chopra and Ms.Rashi Khanna, Advocates.

versus DEPUTY COMMISIONER OF INCOME TAX ..... Respondent Through Ms.Vibhooti Malhotra, Junior Standing Counsel for Mr.Ruchir Bhatia, Sr.Standing Counsel + CRL.M.C. 4083/2018 M/S INFONOX SOFTWARE PRIVATE LIMITED & ORS ..... Petitioner Through Mr.Deepak Chopra and Ms.Rashi Khanna, Advocates.

versus DEPUTY COMMISSIONER OF INCOME TAX THROUGH NEERAJ GUPTA ..... Respondent Through Ms.Vibhooti Malhotra, Junior Standing Counsel for Mr.Ruchir Bhatia, Sr.Standing Counsel

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 07.03.2019

After some arguments, learned counsel for the petitioner, having taken instructions, submits that he may be permitted to withdraw these petitions and the applications filed therewith, the petitioners reserving the contentions set out in these petitions qua petitioners Shivani Mittal and Venkatramaraju Nadempali to be agitated as defences before the concerned Criminal Court and seeking liberty to approach this Court again on the issue of the default in compliance with all the provisions contained in Section 139(1) of the Income Tax Act, 1961 being wilful or not after the decision of the Commissioner of Income Tax (Appeals) in Appeal No.550/1718/CIT(A)-4 dated 18.05.2018 has attained finality. The petitions are dismissed as withdrawn, the defences of aforementioned two petitioners, namely Shivani Mittal and Venkatramaraju Nadempali, being reserved to be adjudicated before the Criminal Court and liberty, as sought, being hereby granted. Dasti under the signature of the Court Master. R.K.GAUBA, J MARCH 07, 2019 da