High Court of DelhiW.P.(C)/4341/2015

Consulting Engineering Services (India) Pvt. Ltd. v. Assistant Commissioner Of Income Tax, & ORS.

2015-05-06Hon'Ble Mr. Justice Badar Durrez Ahmed,Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$44 & 45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4340/2015 CONSULTING ENGINEERING SERVICES (INDIA) PVT. LTD. .....Petitioner Through Mr Saul Kapoor with Mr Sanat Kapoor, Mr Vikas Jain and Mr Shubharn Rastogi, Advocates.

versus ASSISTANT COMMISSIONER OF INCOME TAX & ORS.

Respondent Through Mr Rohit Madan with Mr Ruchir Bhatia, Advocates.

/ + W.P.(C) 4341/2015 CONSULTING ENGINEERING SERVICES (INDIA) PVT. LTD. .....Petitioner Through Mr Saul Kapoor with Mr Sanat Kapoor, Mr Vikas Jain and Mr Shubham Rastogi, Advocates.

versus ASSISTANT COMMISSIONER OF INCOME TAX, & ORS.

.....Respondent Through Mr Rohit Madan with Mr Ruchir Bhatia, Advocates.

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA

ORDER

• % 06.05.2015 CM Nos.7859/2015 (exemption) in WP(C) 4340/2015 CM Nos.786112015 (exemption) in WP(C) 4341/2015 Exemptions are allowed subject to all just exceptions. WP(C) 4340/2015 & CM No.7860/2015 (stay) WP(C) 4341/2015 & CM No.7862/2015 (stay) In both the writ petitions, the petitioner has received Section 148 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

notices from two different Income Tax Officers. The learned counsel for respondent/Revenue has taken instructions. A letter addressed to Mr Madan by ACIT, Circle 30(1), New Delhi has been placed before us. The letter is dated 30.04.20 15 and the same is taken on record. As per the said letter, the notices issued under Section 148 of the Income Tax Act, 1961 had been inadvertently issued to the petitioner by ACIT, Circle 30(1), New Delhi. It is further stated that the said notices issued by the said Income Tax Officers are being withdrawn. Those notices pertain to Assessment Year 2008-09 and 2009-10, which are the subject matter of the present writ petitions.

In view of the said letter, the position stands clarified. The petitioner has to respond to the notice under Section 148 issued by the Assessing Officer at Circle 4(1), New Delhi.

The writ petitions stand disposed of accordingly. ^7^- BXDAR AHMED, J SANJ EV SACHDEVA, J MAY 06, 2015 St