Delhi High Court – Orders
Bdr Finvest Private Limited vs Deputy Commissioner Of Income Tax & Anr on 11 August, 2025
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 547/2023
BDR FINVEST PRIVATE LIMITED .....Petitioner
Through: Ms. Kavita Jha, Sr. Adv. with Mr.
Vaibhav Kulkarni, Ms. Aabgina and
Mr. Hinashu Aggarwal, Advs.
versus
DEPUTY COMMISSIONER OF INCOME TAX & ANR.
.....Respondents
Through: Mr. Debesh Panda, Sr.SC,
Mr.Vikramaditya Singh and Ms.Zehra
Khan, Jr. SCs
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE VINOD KUMAR
ORDER
% 11.08.2025
CM APPL. 49201/2025
1. This is an application seeking early hearing of the writ petition.
2. For the reasons stated in the application and Mr. Panda do not seriously
contest the application, the same is allowed. The writ petition is taken up for
hearing.
3. The application is disposed of.
W.P.(C) 547/2023
4. This petition has been filed by the petitioner with the following
prayers:
“(a) issue a writ and/or order and/or direction in the
nature of mandamus/certiorari or any otherThis is a digitally signed order.
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appropriate writ, order or direction quashing the
impugned order dated 28.07.2022 passed by
Respondent No.1 under section 148A(d) of the Act;
(b) issue writ and/or order and/or direction in the
nature of mandamus or any other appropriate writ,
order or direction quashing the impugned notice dated
29.07.2022 issued under section 148 of the Act and all
proceedings/ actions consequent thereto for
assessment year 2015-16;
(c) Issue writ of certiorari or writ, order or direction in
the nature of certiorari, or any other appropriate writ,
order or direction under Article 226 / 227 of the
Constitution of India restraining the Respondents from
continuing with the assessment proceedings pursuant
to the impugned order dated 28.07.2022 passed under
section 148A(d) of the Act, for assessment year
2015-16 and all actions/proceedings consequential
thereto”
5. The present petition relates to assessment year 2015-2016. The
submission of learned counsel for the petitioner is that the impugned order
dated 28.07.2022, passed by respondent no.1 under Section 148(A) (d) of the
Income Tax Act, 1961 [‘the Act’] and also the notice dated 29.07.2022 under
Section 148 of the Act are bad in law as the same are beyond the period of
limitation as prescribed under Section 149 of the Act as amended by the
Finance Act, which came into effect on 01.04.2021.
6. He submits that the issue in hand is no more res integra as it has been
decided by the Hon’ble Supreme Court in the case of Union of India and
Ors. Vs. Rajeev Bansal [2024 INSC 754] as followed by this court in
Makemytrip India Pvt. Ltd. V. Deputy Commissioner of Income Tax Circle
16 (1) Delhi & Anr.: Neutral Citation No.”2025:DHC:1892-DB. He has
also placed before us an order passed by this court in W.P. (C) 6845/2023This is a digitally signed order.
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Viable Management Consultants Private Limited vs. Income Tax Officer &
Ors., wherein a similar issue arose relatable to the assessment year 2015-2016
and this court has set aside the order passed under Section 148 (A) (d), which
was followed by a notice dated 25.07.2022 issued under Section 148 of the
Act.
7. Mr. Panda, learned counsel appearing for the respondent do not contest
the applicability of the judgment of the Supreme Court in Union of India and
Ors. Vs. Rajeev Bansal (supra) as followed by this court in Makemytrip
India Pvt. Ltd. V. Deputy Commissioner of Income Tax Circle 16 (1) Delhi
& Anr. and also in the case of Mectech Kitfabs Pvt. Ltd. Vs. DCIT Circle 16
(1) New Delhi & Anr.
8. If that be so, we reproduce paragraphs 11, 12, 13 14 of the judgment of
this court in Mectech Kitfabs Pvt. Ltd. Vs. DCIT Circle 16 (1) New Delhi &
Anr. as under:
“11. It is relevant to refer to paragraph 19(e) and 19(f) from the decision of the
Supreme Court in Union of India and Ors. v. Rajeev Bansal (supra), which sets out the
concession as made on behalf of the Revenue:
“e. The Finance Act 2021 substituted the old regime for re-assessment
with a new regime. The first proviso to Section 149 does not expressly
bar the application of TOLA. Section 3 of TOLA applies to the entire
Income-tax Act, including Sections 149 and 151 of the new regime.
Once the first proviso to Section 149(1)(b) is read with TOLA, then all
the notices issued between 1 April 2021 and 30 June 2021 pertaining to
assessment years 2013-14, 2014-15, 2015-16, 2016-17, and 2017-18
will be within the period of limitation as explained in the tabulation
below:
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f. The Revenue concedes that for the assessment year 2015-16, all
notices issued on or after 1 April 2021 will have to be dropped as they
will not fall for completion during the period prescribed under TOLA;”
12. In view of the above concession, the impugned notice and the proceedings
relating thereto are required to be set aside. We may also note the decision of
the Supreme Court in Deepak Steel and Power Ltd. v. Central Board of
Direct Taxes and Ors.: Civil Appeal No.5177/2025, decided on 02.04.2025.
The said appeal arose from orders passed by the Hon’ble High Court of
Orissa and Cuttack declining to entertain batch of petitions filed by the
Assessees. The attention of the Supreme Court was drawn to the concession
made on behalf of the Revenue in Union of India & Ors. v. Rajeev Bansal
(supra) and noting the same, the Supreme Court allowed the appeals. The
relevant extract of the said decision is set out below:
“4. The learned counsel appearing for the revenue with his usual
fairness invited the attention of this Court to a three judge bench
decision of this Court in Union of India and Ors. v. Rajeev Bansal,
reported in 2024 SCC OnLine SC 2693, more particularly, paragraph
19(f) which reads thus:-
“19. (f) The Revenue concedes that for the assessment year
2015-2016, all notices issued on or after April 1, 2021 will have
to be dropped as they will not fall for completion during the
period prescribed under the Taxation and other Laws (Relaxation
and Amendment of Certain Provisions) Act, 2020.”
5. As the revenue made a concession in the aforesaid decision that is for
the assessment year 2015-2016, all notices issued on or after 1st April,
2021 will have to be dropped as they would not fall for completion
during the period prescribed under the taxation and other laws
(Relaxation and Amendment of certain Provisions Act, 2020). Nothing
further is required to be adjudicated in this matter as the notices so far
as the present litigation is concerned is dated 25.6.2021.
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6. In view of the aforesaid, in such circumstances referred to above the
original writ petition nos.2446 of 2023, 2543 of 2023 and 2544 of 2023
respectively filed before the High Court of Orissa at cuttack stands
allowed.
13. The notice dated 26.07.2022 issued under Section 148 of the Act stands
quashed and set aside. Concededly, the controversy is covered in favour of
the petitioner by the decision of this court in Makemytrip India Pvt. Ltd. v.
Deputy Commissioner of Income Tax Circle 16 (1) Delhi & Anr.: Neutral
Citation No.: 2025:DHC:1892-DB.
14. The petition is, accordingly, allowed and all proceedings initiated
pursuant thereto are set aside.
9. Accordingly, the impugned order dated 28.07.2022, passed under
Section 148 (A) (d) and also notice dated 29.07.2022, passed under Section
148 of the Act are set aside. Any consequential proceedings initiated pursuant
to the notice dated 29.07.2022 are also set aside.
10. The writ petition is disposed of as allowed. Pending application, if any,
is disposed of.
11. The date already fixed i.e. 16.09.2025 is cancelled.
V. KAMESWAR RAO, J
VINOD KUMAR, J
AUGUST 11, 2025
cd
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