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$--12-17 HIGH COURT OF DELHI -I- W.P.(C) 2402/2013 & CM Nos. 4548/2013 & 4549/2013 and
W.P.(C) 2408/2013 & CM Nos. 4557/2013 & 4558/2013
W.P.(C) 2408/2013 & CM Nos. 4557/2013 & 4558/2013
W.P.(C) 2409/2013 & CM Nos. 4560/2013 & 4561/2013
W.P.(C) 2410/2013 & CM Nos. 4563/2013 & 4564/2013
W.P.(C) 2412/2013 & CM Nos. 4566/2013 & 4567/2013
W.P.(C) 2413/2013 & CM Nos. 4569/2013 & 4570/2013
NOKIA INDIA PVT. LTD ... Petilioner
Through: Dr A.M. Singhvi, Sr Advocate with Mr Vikas
Srivastava, Mr S.R. Patnaik, Ms Akansha Aggarwal, Mr Parag Mohanty, Ms Leeneshwari Maldiijani and Mr Nidhiram Singh
NOKIA INDIA PVT. LTD ... Petilioner
Through: Dr A.M. Singhvi, Sr Advocate with Mr Vikas
Srivastava, Mr S.R. Patnaik, Ms Akansha Aggarwal, Mr Parag Mohanty, Ms Leeneshwari Maldiijani and Mr Nidhiram Singh
VERSUS
DIRECTOR GENERAL OF INCOME TAX & ANR ... Respondents
Through: Mr Sanjeev Sabharwal with Mr Alok Parasaran
Kumar and Mr Puneet Gupta > COl^M:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU f ORDER 17.04.2013
We have heard the counsel for the parties at some length. Mr Sabharwal, appearing on behalf of the respondents, states that if the petitioner files the appeals under Section 246A(1) of the Income-tax Act, 1961, then, till the disposal of the appeals by the Commissioner of Income-tax (Appeals), no coercive measures would be taken by the respondent. Pie also requests that a specific time frame be fixed for conclusion of the appeals.
2013:DHC:7195-DB if In view of the statement made by the learned counsel for the respondent, Dr Singhvi, appearing on behalf of the petitioner, requests permission to withdraw these writ petitions with libeity to the petitioner to file the appeals before the Commissioner of Income-tax (Appeals).
Consequently, we accede to this request of Dr Singhvi and direct that the writ petitions are dismissed withdrawn with the aforesaid liberty. To make it clear, the concession iTiade by the respondent with regard to no coercive measures would be operative only if the petitioner files the appeals within four days from today. The Commissioner of Income-tax (Appeals) shall dispose of the appeals, if so filed, as early as possible and latest by 31.05.2013. During this period and, five days thereafter, no coercive measures would be taken by the respondents for recovery of the amount demanded.
The writ petitions stand withdrawn as above. All the pending applications also stand dismissed as withdrawn.
BADAR DURREZ AHMED, J VIBHU BAKIIRU, J APRIL 17, 2013
2013:DHC:7195-DB
Through: Mr Sanjeev Sabharwal with Mr Alok Parasaran
Kumar and Mr Puneet Gupta > COl^M:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU f ORDER 17.04.2013
We have heard the counsel for the parties at some length. Mr Sabharwal, appearing on behalf of the respondents, states that if the petitioner files the appeals under Section 246A(1) of the Income-tax Act, 1961, then, till the disposal of the appeals by the Commissioner of Income-tax (Appeals), no coercive measures would be taken by the respondent. Pie also requests that a specific time frame be fixed for conclusion of the appeals.
2013:DHC:7195-DB if In view of the statement made by the learned counsel for the respondent, Dr Singhvi, appearing on behalf of the petitioner, requests permission to withdraw these writ petitions with libeity to the petitioner to file the appeals before the Commissioner of Income-tax (Appeals).
Consequently, we accede to this request of Dr Singhvi and direct that the writ petitions are dismissed withdrawn with the aforesaid liberty. To make it clear, the concession iTiade by the respondent with regard to no coercive measures would be operative only if the petitioner files the appeals within four days from today. The Commissioner of Income-tax (Appeals) shall dispose of the appeals, if so filed, as early as possible and latest by 31.05.2013. During this period and, five days thereafter, no coercive measures would be taken by the respondents for recovery of the amount demanded.
The writ petitions stand withdrawn as above. All the pending applications also stand dismissed as withdrawn.
BADAR DURREZ AHMED, J VIBHU BAKIIRU, J APRIL 17, 2013
2013:DHC:7195-DB
JUDGMENT