Delhi High Court – Orders
Lvs Financial Service Pvt. Ltd vs Assistant Commissioner Of Income Tax, … on 16 December, 2024
Author: Vibhu Bakhru
Bench: Tushar Rao Gedela, Vibhu Bakhru
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14489/2024 & CM APPL. 60741/2024
LVS FINANCIAL SERVICE PVT. LTD .....Petitioner
Through: Mr. Gautam Jain, Mr. Deepanshu Jain, Mr.
Shaantanu Jain, Mr. Manish Yadav and Mr.
Prateek Kumar, Advocates
versus
ASSISTANT COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE 25, NEW DELHI .....Respondent
Through: Mr. Shlok Chandra, SSC, Ms. Nancy Jain,
JSC and Ms. Madhavi Shukla, JSC
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 16.12.2024
1. The petitioner has filed the present petition inter alia praying as under:-
“a) allow the present Writ Petition;
b) issue a writ of certiorari or writ of mandamus or appropriate
writ, direction or order for quashing and setting aside the
impugned notice u/s 148A(b) of the Act dated 18.03.2024 issued
by respondent in the petitioner’s case for A.Y. 2020-21; and
c) issue a writ of certiorari or writ of mandamus or appropriate
writ, direction or order for quashing and setting aside the
impugned order dated 22.04.2024 passed u/s 148A(d) of the Act
issued by respondent in the petitioner’s case for A.Y. 2020-21;
and
d) issue a writ of certiorari or writ of mandamus or appropriate
writ, direction or order for quashing and setting aside the
impugned notice dated 22.04.2024 u/s 148 of the Act issued by
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 23/12/2024 at 21:18:55
respondent in the petitioner’s case for A.Y. 2020-21; and
e) issue a writ of certiorari or writ of mandamus or appropriate
writ, direction, or order for quashing the proceedings initiated
vide the impugned notice dated 22.04.2024 u/s 148 of the Act;
and
f) grant an ad-interim ex-parte relief in terms of above prayers,
inter alia, staying all proceedings/ actions subsequent/
consequent to the impugned notice dated 22.04.2024 issued
under section 148 of the Act for AY 2020-21, during the
pendency of the present petition.”
2. The present petition was moved on 16.10.2024 when this Court had passed
the following order:-
“3. The petitioner has filed the present petition impugning the notice dated
20.03.2024 (hereafter the impugned notice) issued under Section 148 of the
Income Tax Act, 1961 (hereafter the Act) in respect of assessment year (AY)
2017-18.
4. Although the petitioner has raised several grounds in the present petition,
the learned counsel appearing for the petitioner has confined the scope of
the present petition to challenging the impugned notice on the ground that
the Jurisdictional Assessing Officer had no jurisdiction to initiate
proceedings after the Central Board of Direct Taxes circular dated
29.03.2022.
5. Issue notice.
6. The learned counsel appearing for the respondent accepts notice.
7. This Court is informed that a batch of matters involving a similar issue is
listed before this Court on 16.12.2024. Accordingly, list the present petition
on that date, that is, on 16.12.2024.
8. In the meanwhile, the respondent is at liberty to file the counter affidavit,
if necessary, within a period of four weeks from date. The rejoinder, if any,
be filed before the next date of hearing.
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9. In the meanwhile, the proceedings for reassessment, pursuant to the
impugned notice, may continue. However, if any adverse order is passed, it
shall not be given effect to till the next date of hearing.”
3. It is apparent from the order that the petitioner had confined the present
petition challenging the jurisdiction of the Assessing Officer to initiate proceedings
under Section 148 of the Income Tax Act, 1962.
4. Concededly, the said issue is covered by the decision of this Court in T.K.S.
Builders Pvt. Ltd V. Income Tax Officer Ward 25(3); Neutral Citation No.
2024:DHC:8330-DB.
5. Learned counsel for the petitioner requests that its rights to raise further
issues before the Income Tax Authorities be left open. It is so directed.
6. In view of the above, the present petition is disposed of.
VIBHU BAKHRU, ACJ
TUSHAR RAO GEDELA, J
DECEMBER 16, 2024
yrj
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/12/2024 at 21:18:55