Essel Realty Developers Limited v. The Assistant Commissioner Of Income Tax

$~40 *IN THE HIGH COURT OF DELHI AT NEW DELHI +W.P.(C) 12065/2019 ESSEL REALTY DEVELOPERS LIMITED ..... PetitionerThrough:Ms.Prem Lata Bansal, SeniorAdvocate with Mr.Sumit Batra,Ms.Namisha Gupta and Mr.AbhishekKumar, Advocates versus THE ASSISTANT COMMISSIONER OF INCOME TAX ..... Respondent Through:Ms.Lakshmi Gurung, Senior StandingCounsel and Mr. Dinesh Sharma,Advocate CORAM:HON'BLE MR. JUSTICE VIPIN SANGHIHON'BLE MR. JUSTICE SANJEEV NARULAO R D E R%18.11.2019 C.M. No. 49387/2019 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 12065/2019 & CM No. 49386/2019 3. The Petitioner assails the order dated 15[th]October, 2019 passed by theAssessing Officer (AO) rejecting the prayer of the Petitioner-assessee forstay of the recovery of tax assessed by the AO vide order dated 25[th]April,2019. 4. Ms. Bansal, learned counsel for the Petitioner on instructions states that the Petitioner has already filed an appeal before the CIT (A) against theassessment order dated 25[th]April, 2019 within the period of limitation. Thesaid appeal is listed before the CIT (A) on 20[th]November, 2019 i.e. day aftertomorrow. 5. In these circumstances, in our view, the Petitioner should press for stay ofthe demand notice before the CIT (A) in the substantive appeal. In case, thePetitioner moves an application for stay before the CIT (A) or avails analternative remedy by moving before the Principal Commissioner of IncomeTax, the same may be considered on an urgent basis. 6. We make it clear that we have made no observations on the merits of thecase filed by the parties. 7. Accordingly, the petition and the application stands disposed of. VIPIN SANGHI, J SANJEEV NARULA, J NOVEMBER 18, 2019 v