Through: Ms.Rashmi Chopra, Advocate v. | COMMISSIONER OF INCOME TAX (APPEALS)-VI AND ORS

Delhi High Court · 03 Oct 2013 · 2013:DHC:7249-DB
HON'BLE MR. JUSTICE SANJTV^ KHANNA; HON'BLE MR. JUSTICE SANJEEV SACHDEVA; 03.10.2013 CM No.13734/2013 in WP(C )No. 6290/2013; CM No.13738/2013 in WP(C) No. 6292/2013 I Exemption allowed, subject to, all just exceptions.; WP(C) No. 6290/2013 and CM No.1373
WP(C) No. 6292/2013 I Exemption allowed
2013:DHC:7249-DB
tax appeal_allowed

AI Summary

The Delhi High Court quashed an unreasoned order rejecting a stay application in income tax proceedings and directed a fresh reasoned hearing and decision.

Full Text
Translation output
$-27 and 28 i HIGH COURT OF DELHI
W.P.(C) 6290/2013 and 6292/2013;
CONSULTING ENGINEERING SERVICES (INDIA) PVT. LTD
Petitioner
Through: Ms.Rashmi Chopra, Advocate
VERSUS
| COMMISSIONER OF INCOME TAX (APPEALS)-VI AND ORS
Respondents
Through: Mr.Rohit Madan, Advocate
CORAM:
HON'BLE MR. JUSTICE SANJTV^ KHANNA
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
03.10.2013 CM No.13734/2013 in WP(C )No. 6290/2013
CM No.13738/2013 in WP(C) No. 6292/2013 I Exemption allowed, subject to, all just exceptions.
WP(C) No. 6290/2013 and CM No.13733/2013 WP(C) No. 6292/2013 and CM No.13737/2013
I
Matter was passed over in the morning as learned counsel for the respondents wanted to obtain instruction.
The learned counsel for the respondents states that the impugned order dated 20.9.2013 may be treated as withdrawn and a fresh order on the stay application will be passed after hearing the petitioner.
In view of the statement made, the impugned order dated
20.9.2013 will be treated as quashediand a fresh order will be passed
' •• •
2013:DHC:7249-DB / / -'j after hearing the petitioner. Petitioner shall appear before the concerned officer, i.e.. Commissioner of Income Tax (Appeals)-VI on
9.10.2013 when a date ofhearing iwillbe fixed.
We clarify that this order has been passed as we have noticed that the impugned order does not mention or record reasons. The, Commissioner (Appeals) will apply his mind on the stay application and contentions raised, without being infiuenced by the earlier order.
Writ petition is disposed of Dasti under the signatures ofthe Court Master.
OCTOBER 03,2013/sv SANJIVKHANNA,J ANJEEV SACHDEVA, J
2013:DHC:7249-DB
JUDGMENT