Shourya Estates Pvt. Ltd. v. Income Tax Officer, Ward 23(2), New Delhi & Anr.

Delhi High Court · 04 Dec 2023 · 2023:DHC:8635-DB
Rajiv Shakdher; Anish Dayal
W.P.(C) No.13049/2018
2023:DHC:8635-DB
tax petition_allowed Significant

AI Summary

The Delhi High Court allowed the writ petition quashing the reopening notice and order rejecting objections under Section 148 of the Income Tax Act for AY 2011-12, following the reasoning in a related case involving the petitioner’s sister concern.

Full Text
Translation output
W.P.(C)No.13049/2018 HIGH COURT OF DELHI
JUDGMENT
Reserved on: 03.08.2023
Judgment Pronounced on: 04.12.2023
W.P.(C) 13049/2018
SHOURYA ESTATES PVT. LTD. ..... Petitioner
Through: Mr Ruchesh Sinha, Adv.
versus
INCOME TAX OFFICER, WARD 23(2)
NEW DELHI & ANR. ..... Respondents
Through: Mr Vipul Agrawal, Sr Standing Counsel, with Mr Gibran Naushad and Ms Sakshi Shairwal, Standing
Counsels.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE ANISH DAYAL [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.:

1. This writ petition concerns Assessment Year (AY) 2011-12.

2. Via this writ petition, the petitioner, i.e., Shourya Estates Pvt. Ltd. [hereafter referred to as "SEPL"], seeks the following directions:

(i) Quash notice dated 31.03.2018 issued under Section 148 of the

(ii) Quash the order dated 26.11.2018 whereby objections filed by SEPL concerning reopening its assessment were rejected.

3. We may note that learned counsel for the parties are ad idem that the issue involved in the instant case is similar to that which obtains in W.P.(C)No.12709/2018, concerning SEPL’s sister concern, Shourya W.P.(C)No.13049/2018 Infrastructure Pvt. Ltd.

4. We have quashed the order, rejecting the objections for the reasons outlined in the judgment in the aforementioned case.

5. According to us, this writ petition will follow the same course.

6. Accordingly, the prayers made in the writ petition are allowed.

(RAJIV SHAKDHER) JUDGE (ANISH DAYAL)

JUDGE DECEMBER 4, 2023