Nokia Solutions and Networks India Private Limited v. Additional Commissioner of Income Tax & Ors.

Delhi High Court · 08 May 2018 · 2018:DHC:9025-DB
Sanjiv Khanna; Chander Shekhar
W.P.(C)1907/2018 & W.P.(C)1908/2018
2018:DHC:9025-DB
tax appeal_allowed

AI Summary

The Delhi High Court confirmed an interim stay on tax recovery pending appeal before the CIT(A) and disposed of writ petitions without adjudicating merits, urging expeditious disposal of appeals.

Full Text
Translation output
HIGH COURT OF DELHI
W.P.(C)1907/2018& CMNo.7940/2018
NOKIA SOLUTINS AND NETWORKS INDIA PRIVATE LIMITED. Petitioner
Through: Ms. Rashmi Chopra, Mr. Amit Srivastava & Mr. Ankul Goyai, Advocates
VERSUS
ADDITIONAL COMMISSIONER OFINCOME TAX & ORS.
Respondents
Through: Mr.Ruchir Bhatia,Advocate
WITH
W.P.(C)1908/2018 & CMNo.7941/2018
NOKIA SOLUTIONS AND NETWORKS INDIA PRIVATE LIMITED. Petitioner
Through: Ms. Rashmi Chopra, Mr. Amit Srivastava & Mr. Ankul Goyal, Advocates
VERSUS
ADDITIONAL COMMISSIONER OFINCOME TAX& ORS.
Respondents
Through: Mr.Ruchir Bhatia,Advocate
CORAM:
HON'BLE MR.JUSTICE SANJIV KHANNA
HON'BLE MR.JUSTICE CHANDER SHEKHAR
08.05.2018 2018:DHC:9025-DB ( -/ Learned counsel for the respondents/revenue states thatthey do not wish to file counter-affidavit and without prejudice to the rights and contentions ofthe respondents,the interim order dated 28.2.2018 on the question of stay, may be confirmed till the disposal of the appeal by CIT(A).
Learned counsel for the petitioner states that this would be acceptable. It is also stated that the petitioner has deposited
Rs.10,00,00,000/-,in terms ofthe order dated 28.2.2018.
In view of the statement made by learned counsel for the parties,the writ petitions are disposed of, without commenting on the merits ofthe assessmentorder,which is now subject-matter ofappeal, which is pending before the CIT(A).
Learned counsel for the parties further pray that the CIT(A) may be asked to dispose ofthe appeal expeditiously and as early as possible,as this is a heavy tax demand matter.
We take the statement on record. Learned counsel for. the petitioner/assessee and assessing officer may point out this order to the CIT(A)by way ofan application. We clarify that the stay would operate till the disposal ofthe appeal by CIT(A).
SANJIV KHANNA,J CHANDER SHEKHAR,J MAY 08,2018 tp
2018:DHC:9025-DB
JUDGMENT