Celestialaviationserviceslimited(Earlierknown As Ge Capital Aviation Services Limited(Erstwhile Shareholder Of Crescent Leasing 10Ltd.)Known As Ge Capital Aviat v. Assistant Commissioner Of Income Tax,International Taxation, Circle 1(2)(1), New Delhi &Anr

$~29 & 30 IN THE HIGH COURT OF DELHI AT NEW DELHI +W.P.(C) 12620/2023 & CM APPL. 49792/2023 CELESTIALAVIATIONSERVICESLIMITED(EARLIERKNOWN AS GE CAPITAL AVIATION SERVICES LIMITED(ERSTWHILE SHAREHOLDER OF CRESCENT LEASING 10LTD.)KNOWN AS GE CAPITAL AVIATION SERVICES LIMITED(ERSTWHILE SHAREHOLDER OF CRESCENT LEASING 10LTD.) .....PetitionerThrough:Mr. Sachit Jolly, Senior Advocatewith Mr. Devansh jain and Ms.Viyushti Rawat, Advs. versus ASSISTANT COMMISSIONER OF INCOME TAX,INTERNATIONAL TAXATION, CIRCLE 1(2)(1), NEW DELHI &ANR. .....Respondent Through:Mr. Ruchir Bhatia, SSC with Mr.Anant Mann, JSC, Mr. P. Gupta &Mr. Abhishek Anand, Adv. (30) +W.P.(C) 12637/2023 & CM APPL. 49834/2023 CELESTIALAVIATIONSERVICESLIMITEDEARLIERKNOWN AS GE CAPITAL AVIATION SERVICES LIMITEDERSTWHILE SHAREHOLDER OF CRESCENT LEASING 7 LTD. .....Petitioner Through:Mr. Sachit Jolly, Senior Advocatewith Mr. Devansh jain and Ms.Viyushti Rawat, Advs. versus ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE 1 2 1, INTERNATIONAL TAXATION NEW DELHI & ANR. .....RespondentsThrough:Mr. Ruchir Bhatia, SSC with Mr.Anant Mann, JSC, Mr. P. Gupta &Mr. Abhishek Anand, Adv. CORAM:HON'BLE MR. JUSTICE V. KAMESWAR RAOHON'BLE MR. JUSTICE VINOD KUMARO R D E R03.09.2025 % 1.Our attention has been drawn by Mr. Ruchir Bhatia, SSC to the E-mail dated 02.09.2025 received by him from the ACIT, Circle 1(2)(1),International Tax, Delhi which reads as under:- “... In this regard, it is submitted that from the perusal of thematerial available on record, it is found that the proceedingsu/s 148 of the Act were dropped on the grounds that theassessee company was already dissolved and not in existence.Thus, in both the cases (i.e. CRESCENT LEASING 7 LIMITEDand CRESCENT LEASING 10 LIMITED) for AY 2012-13, theproceedings u/s 148 were droppted.” 2.Suffice to state, this petition (W.P.(C) 12620/2023) has been filed bythe shareholder of the erstwhile company being Crescent Leasing 10Limited. Similarly, W.P.(C) 12637/2023 has been filed by the shareholder oferstwhile company Crescent Leasing 7 Limited. In view of the contents ofthe E-mail received by Mr. Bhatia as the proceedings in respect of theCrescent Leasing 7 Limited and Crescent Leasing 10 Limited have beendropped for the Assessment Years (AY) 2012-13, for the reason that the twocompanies have been dissolved, the same fate must also follow in respect ofthese petitions. 3.Accordingly, the prayers sought in the present petitions challengingthe notice dated 28.07.2022 issued under Section 148 of the Act along withAssessmentOrderdated31.07.2023;passedunderSection147/144/144(C)(3); the impugned Demand Notice dated 31.07.2023 issuedunder Section 156 of the Act for the AY 2013-14 are liable to be set aside.We order accordingly. V. KAMESWAR RAO, J VINOD KUMAR, J SEPTEMBER 3, 2025rk