Cadence Real Estates Private ... vs Acit/Dcit & Ors.
2022 Latest Caselaw 913 Del

                          $~13
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 7584/2021
                                 CADENCE REAL ESTATES PRIVATE LIMITED                 ..... Petitioner
                                                  Through      Ms. Kavita Jha, Advocate with
                                                               Mr. Himanshu Aggarwal and
                                                               Mr. Udit Naresh, Advocates.

                                                  versus

                                 ACIT/DCIT & ORS.                                 ..... Respondents
                                               Through         Mr. Zoheb Hossain, Sr. Standing
                                                               Counsel with Mr. Vipul Agrawal and
                                                               Mr. Parth Senwal, Advs.


                          %                         Date of Decision: 30th March, 2022
                          CORAM:
                          HON'BLE MR. JUSTICE MANMOHAN
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                     JUDGMENT

MANMOHAN, J (Oral):

CM APPL.15682/2022

1. Present application has been filed by the respondents-applicants seeking clarification of the judgment dated 15th December, 2021 passed in W.P.(C) 7584/2021 to the extent that the aforesaid judgment is not applicable to the re-assessment notice dated 31st March, 2021 issued under Section 148 of the Income Tax Act, 1961 in respect of re-assessment proceedings for the Assessment Year 2015-16.

Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:31.03.2022 17:11:49

2. Learned counsel for the respondents-applicants states that inadvertently the factum of issuance of notice dated 31st March, 2021 for the Assessment Year 2015-16 was not brought to the notice of this Court by either of the parties.

3. Issue notice. Ms. Kavita Jha, learned counsel accepts notice on behalf of the non-applicant/petitioner.

4. Admittedly, vide judgment dated 15th December, 2021 the Court had quashed the notices under Section 148 of the Act issued on or after 1st April, 2021 on the ground that the respondents had not followed the mandatory procedure laid down in the Finance Act, 2021.

5. Consequently, notices issued prior to 1st April, 2021 were not quashed. With the aforesaid clarification, the present application stands disposed of.

MANMOHAN, J

DINESH KUMAR SHARMA, J MARCH 30, 2022 AS

Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:31.03.2022 17:11:49