High Court of DelhiW.P.(C)/7852/2017

Employees' Provident Fund Organisation (South), New Delhi v. Assistant Commissioner Of Income Tax, Circle-76(1), New Delhi & ORS.

2017-09-06Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Ms. Justice Prathiba M. Singh3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

44,45,46 & 47 + W.P. (C) No. 7849/2017 EMPLOYEES' PROVIDENT FUND ORGANISATION (SOUTH), NEW DELHI ..... Petitioner Through: Mr. Pankaj Garg, Mr. Milind Garg, Mr. A.S.M. Tripathi and Ms. Mansi Batra, Advocates versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-76(1), NEW DELHI & ORS.

. .... Respondents Through: Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Sanjay Kumar Mishra, Junior Standing Counsel for Revenue Mr. P.S. Singh, Advocate for R-3 - UOI + W.P. (C) No. 7850/2017 EMPLOYEES' PROVIDENT FUND ORGANISATION (SOUTH), NEW DELHI ..... Petitioner Through: Mr. Pankaj Garg, Mr. Milind Garg, Mr. A.S.M. Tripathi and Ms. Mansi Batra, Advocates versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-76(1), NEW DELHI & ORS ..... Respondents Through: Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Sanjay Kumar Mishra, Junior Standing Counsel for Revenue Mr. P.S. Singh, Advocate for R-3 - UOI + W.P. (C) No. 785112017 EMPLOYEES' PROVIDENT FUND ORGANISATION (SOUTH), NEW DELHI ..... Petitioner w.P.(C) 784912017 & Connected matters 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.

Through: Mr. Pankaj Garg, Mr. Milind Garg, Mr. A.S.M. Tripathi and Ms. Mansi Batra, Advocates versus ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE- 76(1), NEW DELHI & ORS ..... Respondents Through: Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Sanjay Kumar Mishra , Junior Standing Counsel for Revenue Mr. P.S. Singh, Advocate for R-3 - UOI + w.P. (C) No. 7852/2017 EMPLOYEES' PROVIDENT FUND ORGANISATION (SOUTH), NEW DELHI ..... Petitioner Through: Mr. Pankaj Garg , Mr. Milind Garg, Mr. A.S.M. Tripathi and Ms. Mansi Batra, Advocates versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-76(1), NEW DELHI & ORS ..... Respondents Through: Mr. Rahul Chaudhary , Senior Standing Counsel with Mr. Sanjay Kumar Mishra , Junior Standing Counsel for Revenue Mr. P.S. Singh , Advocate for R-3 - UOI

CORAM:

JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

ORDER

0/0 06.09.2017 C.M. APPL. 32474/2017 (exemption) in W.P. (C) No. 784912017 C.M. APPL. 32476/2017 (exemption) in W.P. (C) No. 785012017 C.M. APPL. 32478/2017 (exemption) in W.P. (C) No. 785112017 C.M. APPL. 32480/2017 (exemption) in W.P. (C) No. 785212017 W.P.(C) 7849120/7 & Connected matters

1. Allowed, subject to all just exceptions.

w.P. (C) No. 7849/2017 & C.M. APPL. 32473/2017 (stay) W.P. (C) No. 785012017 & C.M. APPL. 32475/2017 (stay) W.P. (C) No. 785112017 & C.M. APPL. 32477/2017 (stay) W.P. (C) No. 785212017 & C.M. APPL. 32479/2017 (stay)

2. These writ petitions are not entertained at this stage because the Petitioner has not yet decided to challenge the order dated 3 rd August 2016 passed by the Income Tax Appellate Tribunal CIT AT') in the Petitioner's own case for earlier Assessment Years CAYs'), i.e. 2008-09, 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14 where the issue involved in these petitions was decided against the Petitioner.

3. Accordingly these petitions are disposed of with liberty to the Petitioner to revive the challenge in these writ petitions after the Petitioner's appeal against the order dated 3rd August 2016 passed by the ITAT is filed and entertained by the Court.

S. MURALIDHAR, J.

PRA THIBA M. SINGH, J.

SEPTEMBER 06, 2017 rd W.P. (C) 784912017 & Connected matters