Dismissed

Northend Housing & Constructions Pvt. Ltd. v. Principal Commissioner of Income TAX-6, New Delhi

Delhi HC8 May 2019W.P.(C)/4941/2019

Case brief

AI extract

What is this about?

The Delhi High Court dismissed a writ petition and aStay application filed by a taxpayer against the Principal CIT-6. The court directed the ITAT to list a Recall application sought by the taxpayer on 31 May 2019 and stayed coercive measures pending listing.

What did the court decide?

Direction to ITAT to list Recall application on 31 May 2019 and stay coercive steps during this period.

Northend Housing & Constructions Pvt… — Constitutional and Fundamental Rights | Delhi HC (2019)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 4941/2019 NORTHEND HOUSING & CONSTRUCTIONS PVT. LTD.

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..... Petitioner

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Through: Mr. Piyush Kaushik, Advocate.

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versus

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PRINCIPAL COMMISSIONER OF INCOME TAX-6, NEW DELHI ..... Respondent Through: Ms. Lakshmi Gurung, Senior Standing Counsel with Mr. Tushar Gupta, Junior Standing Counsel.

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CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATEEK JALAN

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O R D E R % 08.05.2019

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W.P.(C) 4941/2019 & CM APPL. 21966/2019 (for stay)

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The Petitioner has approached this Court for a very limited relief. The Petitioner‟s appeal being ITAT No. 4296/DEL/2015 (for assessment year 2010-2011) was dismissed by the ITAT for non prosecution on 17^th September 2018. The Petitioner filed an application for recall of the said order before the ITAT on 11^th February 2019. That application has not been taken up for hearing.

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Despite three reminders dated 18^th March 2019, 11^th April 2019 and 2^nd May 2019 by the Petitioner to the Vice President of the ITAT through the

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Registrar, the said matter has not been listed for hearing.

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This Court would not like to go into the merits of the said application since that has to be decided by the ITAT. Nevertheless, the Court is of the view that given the nature of the relief sought in the application, it should be taken up by the ITAT forthwith.

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Accordingly, a direction is issued that the Petitioner‟s Miscellaneous Application (which has not been numbered) filed on 11^th February 2019 in ITAT No. 4296/DEL/2015 (E bench) seeking recall of the order dated 17^th September 2018 dismissing the Petitioner‟s appeal in default will be listed before the ITAT on 31^st May 2019. Till that date no coercive steps will be taken by the Revenue against the Petitioner flowing from the dismissal of the Petitioner‟s appeal in default.

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The petition is disposed of. The pending application is also disposed of.

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As prayed, a copy of this order be given dasti under the signatures of Court Master.

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S. MURALIDHAR, J.

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PRATEEK JALAN, J.

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MAY 08, 2019 nd

Northend Housing & Constructions Pvt. Ltd. v. Principal Commissioner of Income TAX-6, New Delhi

Case brief

What is this about?

What did the court decide?

Northend Housing & Constructions Pvt. Ltd. v. Principal Commissioner of Income TAX-6, New Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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