Consulting Engineering Services (India) Pvt. Ltd. v. Assistant Commissioner Of Income Tax, Circle 3(1) & ORS.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12555/2018, CM APPL. 48740/2018 CONSULTING ENGINEERING SERVICES (INDIA) PVT. LTD. ..... Petitioner Through: Mr. Salil Kapoor, Ms. Soumya Singh & Mr. Sumit Lalchandani, Advs.

versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(1) & ORS.

..... Respondents Through: Mr. Ashok K. Manchanda, Sr. Standing Counsel with Mr. Aditya Kamporia & Mr. Amar, Advs.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 26.11.2018 Issue notice.

Mr. Ashok K. Manchanda, Senior Standing Counsel accepts notice.

The petitioner's grievance here is that the appeal which was pending before the ITAT for A.Y 2008-09 and the subsequent years have not yet been disposed of. The record discloses that the petitioner had urged additional grounds which were permitted by this Court; the Revenue was aggrieved by that order and challenged the matter by filing a Special Leave Petition in the Supreme Court. That petition is pending. Given these circumstances, though the record appears to

suggest that the Revenue has sought adjournment on many occasions, the Court is of the opinion that the ITAT approach per se cannot be faulted. At the same time, the ITAT is requested to dispose of the appeal pending before it at its earliest convenience, preferably within four months from today. Needless to add, the orders with respect to additional grounds and consideration on the merits of those grounds would be subject to final decision by the Supreme Court in the pending SLP.

The writ petition is disposed of in the above terms. S. RAVINDRA BHAT, J PRATEEK JALAN, J NOVEMBER 26, 2018/akv