Essjay Ericsson Private Limited v. Commissioner of Income-tax, New Delhi & Ors
[Citation -2020-LL-0207-111]

Citation 2020-LL-0207-111
Appellant Name Essjay Ericsson Private Limited
Respondent Name Commissioner of Income-tax, New Delhi & Ors.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 07/02/2020
Judgment View Judgment
Keyword Tags attachment of bank account • application for stay
Bot Summary: We have heard learned counsels and proceed to dispose of the petition at this stage itself. The grievance of the petitioner is with regard to the rejection of the petitioner s application under Section 220(6) by the Assessing Officer vide order dated 23.01.2020 and the consequent attachment of the bank accounts of the petitioner. We are informed that the petitioner s appeal is already pending before the CIT. We permit the petitioner to immediately file the stay application before the CIT. The CIT shall consider the same and pass an order thereon within two weeks without being influenced by the order dated 23.01.2020 passed by the Assessing Officer on the stay application under Section 220(6). The bank accounts of the petitioner already stand attached and the amounts recovered. In case, the CIT grants relief after hearing the assessee, to the extent that any amount may have been recovered in excess of the amount in respect of which stay is not granted, the same shall be restituted to the petitioner by the respondent. The petition stands disposed of in the aforesaid terms. Order dasti under the signatures of the Court Master.


25. IN HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1449/2020 M/S ESSJAY ERICSSON PRIVATE LIMITED, Petitioner Through: Mr. Puneet Aggarwal, Mr. Yuvraj Singh, Ms. Hemlata Rawat and Mr. Gaurav Gupta, Advs. versus COMMISSIONER OF INCOME TAX, NEW DELHI & ORS. Respondent Through: Ms. Lakshmi Gurung, Mr. Talha AR, Mr.Dinesh Sharma and Mr. Siddharth Gupta, Advs. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA ORDER 07.02.2020 C.M. No. 5013/2020 Exemption allowed, subject to all just exceptions. application stands disposed of. W.P.(C) 1449/2020 and C.M. No. 5012/2020 Issue notice. Learned counsel for respondents accepts notice. We have heard learned counsels and proceed to dispose of petition at this stage itself. No counter-affidavit is called for in view of order that we propose to pass. grievance of petitioner is with regard to rejection of petitioner s application under Section 220(6) by Assessing Officer vide order dated 23.01.2020 and consequent attachment of bank accounts of petitioner. We are informed that petitioner s appeal is already pending before CIT (Appeals). We permit petitioner to immediately file stay application before CIT (Appeals). CIT (Appeals) shall consider same and pass order thereon within two weeks without being influenced by order dated 23.01.2020 passed by Assessing Officer on stay application under Section 220(6). bank accounts of petitioner already stand attached and amounts recovered. In case, CIT (Appeals) grants relief after hearing assessee, to extent that any amount may have been recovered in excess of amount in respect of which stay is not granted, same shall be restituted to petitioner by respondent. It goes without saying that CIT (Appeals) shall pass reasoned order on stay application filed by assesse. petition stands disposed of in aforesaid terms. Order dasti under signatures of Court Master. VIPIN SANGHI, J SANJEEV NARULA, J FEBRUARY 07, 2020 N.Khanna Essjay Ericsson Private Limited v. Commissioner of Income-tax, New Delhi & Or
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