S.K. Industries Pvt. Ltd. v. ACIT, Circle 22(2)
[Citation -2020-LL-0916-24]

Citation 2020-LL-0916-24
Appellant Name S.K. Industries Pvt. Ltd.
Respondent Name ACIT, Circle 22(2)
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 16/09/2020
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags additional demand • prepaid taxes • interest • rectification application
Bot Summary: The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. Present writ petition has been filed seeking amendment of the order dated 06th March, 2009 passed under Section 143(1) of the Income Tax Act, 1961 for the assessment year 2007-2008 which has led to an additional demand of Rs.63,17,810/-. It is the case of the petitioner that the respondent did not give credit of prepaid taxes amounting to Rs.49,92,312/- while passing the order under Section 143(1) of the Act. Though learned counsel for petitioner states that while passing an order under Section 143(3) of the Act, respondent allowed the credit for prepaid taxes amounting to Rs.49,92,312/-, yet the respondent did not amend the order under Section 143(1) of the Act by giving credit of prepaid taxes amounting to Rs.49,92,312/- as well as by deleting the interest charged on the said amount under Section 234B of the Act. Mr.Kunal Sharma, Advocate accepts notice on behalf of the respondent. The present writ petition is disposed of with a direction to the respondent to decide the aforesaid rectification applications within four weeks by way of a reasoned order in accordance with law. Copy of the order be also forwarded to the learned counsel through e-mail.


$ 5 * IN HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 6488/2020 S.K. INDUSTRIES PVT. LTD. Petitioner Through: Mr.Mukesh Chand, Advocate. versus ACIT CIRCLE 22(2) Respondent Through: Mr.Kunal Sharma, Advocate. % Date of Decision: 16th September, 2020 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT MANMOHAN, J: (Oral) 1. petition has been listed before this Bench by Registry in view of urgency expressed therein. same has been heard by way of video conferencing. 2. Present writ petition has been filed seeking amendment of order dated 06th March, 2009 passed under Section 143(1) of Income Tax Act, 1961 (hereinafter referred to as Act ) for assessment year 2007-2008 which has led to additional demand of Rs.63,17,810/-. 3. It is case of petitioner that respondent did not give credit of prepaid taxes amounting to Rs.49,92,312/- while passing order under Section 143(1) of Act. W.P. (C) 6488/2020 Page 1 of 2 4. Though learned counsel for petitioner states that while passing order under Section 143(3) of Act, respondent allowed credit for prepaid taxes amounting to Rs.49,92,312/-, yet respondent did not amend order under Section 143(1) of Act by giving credit of prepaid taxes amounting to Rs.49,92,312/- as well as by deleting interest charged on said amount under Section 234B of Act. 5. Issue notice. 6. Mr.Kunal Sharma, Advocate accepts notice on behalf of respondent. 7. After some arguments, it transpires that petitioner s rectification applications dated 10th November, 2015 and 06th May, 2019 under Section 154 of Act on same issue are pending adjudication before respondent. 8. Consequently, present writ petition is disposed of with direction to respondent to decide aforesaid rectification applications within four weeks by way of reasoned order in accordance with law. All rights and contentions of parties are left open. 9. order be uploaded on website forthwith. Copy of order be also forwarded to learned counsel through e-mail. MANMOHAN, J SANJEEV NARULA, J SEPTEMBER 16, 2020 KA W.P. (C) 6488/2020 Page 2 of 2 S.K. Industries Pvt. Ltd. v. ACIT, Circle 22(2)
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