Allowed

Hpl Electric and Power Limited (Formerly Known as Hpl Socomec Pvt. Ltd.) v. Assistant Commissioner of Income Tax, Circle 10(1) & Ors.

Delhi HC7 Mar 2024W.P.(C)/5179/2023

Case brief

AI extract

What is this about?

The Delhi High Court allowed the writ petition and quashed the revenue notices and orders dated June 2021, May 2022, and July 2022. The court relied on Twylight Infrastructure (P) Ltd. v. CIT, granting liberty for reassessment if triggered, citing lack of specified authority approval.

What did the court decide?

The impugned notices and orders dated 30 June 2021, 27 May 2022 and 30 July 2022 are quashed.

Hpl Electric and Power Limited (Formerly Known as Hpl Socomec Pvt… — Income Tax | Delhi HC (2024)

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 5179/2023

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HPL ELECTRIC AND POWER LIMITED (FORMERLY KNOWN AS HPL SOCOMEC PVT. LTD.) ..... Petitioner

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Through: Mr.Ved Jain and Mr.Nischay Kantoor, Advs.

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Versus

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ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 10(1) & ORS. ..... Respondents

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Through: Mr.Gaurav Gupta, Sr.SC with Mr.Shivendra Singh, Jr.SC, Mr.Puneett Singhal, Jr.SC and Mr.Chandan Kumar, Adv for I.T.Dept.

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CORAM:

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HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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O R D E R % 07.03.2024

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Learned counsels for parties are ad idem that the challenge raised in this writ petition stands concluded in favour of the writ petitioner in light of the decision rendered by the Court in Twylight Infrastructure (P) Ltd. v. CIT [2024 SCC OnLine Del 330].

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2. We consequently, allow the present writ petition and quash the impugned notices and order dated 30 June 2021, 27 May 2022 and 30 July 2022, subject to liberty reserved as per paragraph Nos. 28 to 30 of Twylight Infrastructure , and which read as under:

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“ 28. Before us, the counsel for the revenue continue to hold this position. The only liberty that they seek is that if, based on the judgment in Ganesh Dass Khanna , the impugned orders and

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:49:39

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notices are set aside, liberty be given to the revenue to commence reassessment proceedings afresh.

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29. Therefore, having regard to the aforesaid, the impugned notices and orders in each of the above-captioned writ petitions are quashed on the ground that there is no approval of the specified authority, as indicated in Section 151(ii) of the Act. The direction is issued with the caveat that the revenue will have liberty to take steps, if deemed necessary, albeit as per law.

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30. Needless to add, the rights and contentions of both the sides will remain open, in the event the revenue triggers reassessment proceedings.”

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3. The writ petition is disposed of accordingly.

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YASHWANT VARMA, J.

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PURUSHAINDRA KUMAR KAURAV, J.

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MARCH 7, 2024/MJ

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:49:39

Hpl Electric and Power Limited (Formerly Known as Hpl Socomec Pvt. Ltd.) v. Assistant Commissioner of Income Tax, Circle 10(1) & Ors.

Case brief

What is this about?

What did the court decide?

Hpl Electric and Power Limited (Formerly Known as Hpl Socomec Pvt. Ltd.) v. Assistant Commissioner of Income Tax, Circle 10(1) & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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