Vijay Sagar v. Income Tax Officer Circle 52(1) & Ors.

Delhi High Court · 02 Aug 2023 · 2023:DHC:5703-DB
Rajiv Shakdher; Girish Kathpalia
W.P.(C) 7634/2023
2023:DHC:5703-DB
tax petition_dismissed

AI Summary

The Delhi High Court dismissed the petitioner's application to recall the order allowing withdrawal of a writ petition after the petitioner had preferred a statutory appeal against the income tax assessment.

Full Text
Translation output
W.P.(C) 7634/2023
HIGH COURT OF DELHI
Decision delivered on: 02.08.2023
W.P.(C) 7634/2023
VIJAY SAGAR ..... Petitioner
Through: Ms Mitika Choudhary, Adv.
VERSUS
INCOME TAX OFFICER CIRCLE 52(1) & ORS. ..... Respondents
Through: Mr Zoheb Hossain, Sr. Standing Counsel with Mr Sanjeev Menon, Jr.
Standing Counsel.
Mr Ashish Batra, Sr. Panel Counsel for Respondent/U.O.I.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
CM No.39136/2023
JUDGMENT

1. Allowed, subject to just exceptions. CM No. 39135/2023

2. This is an application filed seeking recall of order dated 30.05.2023.

3. A perusal of the order would show that the petitioner’s counsel, i.e., Ms Mitika Choudhary, had made a submission before the Court that she has instruction to withdraw the writ petition, as the assessment order has been passed.

4. Since liberty was sought to take recourse to an appropriate remedy as W.P.(C) 7634/2023 per law, leeway in that behalf was granted.

5. It is not disputed by Ms Choudhary that since the order dated 30.05.2023 being passed, a statutory appeal has been preferred.

6. In our view, this application is completely without merit.

7. The same is, accordingly, dismissed.