Hotel Hans Private Limited v. Assistant Commissioner Of Incometax, Circle 10 (1), Delhi
High Court
07 Oct 2024 In favour of: Assessee
Forum / Bench
High Court · dhcdb
Parties
Hotel Hans Private Limited v. Assistant Commissioner Of Incometax, Circle 10 (1), Delhi
Date of order
07 Oct 2024
Assessment year(s)
2015-16
Outcome
Allowed
The order — as passed by the High Court
Case summary
In Hotel Hans Private Limited v. Assistant Commissioner Of Incometax, Circle 10 (1), Delhi, the High Court (2024) allowed the appeal. The decision went in favour of the assessee.
Decision: The impugned order and theimpugned notice are set aside.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
$~92
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+W.P.(C) 14122/2024
HOTEL HANS PRIVATE LIMITED.....PetitionerThrough:MrSalilKapoor,MrSumitLalChandani, Ms Ananya Kapoor andMr Utkarsh Kumar, Advocates.
versus
ASSISTANT COMMISSIONER OF INCOMETAX, CIRCLE 10 (1), DELHI.....RespondentThrough:Counsel (appearance not given).
CORAM:HON'BLE MR. JUSTICE VIBHU BAKHRUHON'BLE MS. JUSTICE SWARANA KANTA SHARMAO R D E R%07.10.2024
CM APPL. 59173/2024(Exemption)
1.Exemption is allowed, subject to all just exceptions.
2.The application stands disposed of.W.P.(C) 14122/2024 and CM APPL. 59172/2024W.P.(C) 14122/2024 and CM APPL. 59172/2024
3.The petitioner has filed the present petition impugning an order dated31.08.2024 (hereafter the impugned order) passed under Section 148A(b) ofthe Income Tax Act, 1961 and the consequent notice (hereafter theimpugned notice) issued under Section 148 of the Act on the same date inrespect of the assessment year 2015-16. It is the petitioner’s case that theimpugned order and the impugned notice are barred by limitation.
4.Concededly, the aforesaid issue is covered by the decision of this
Court in Manju Somani v. Income Tax Officer Ward-70(1) & Ors.:2024:DHC:5411-DB
5.Accordingly, the petition is allowed. The impugned order and theimpugned notice are set aside.
6.The application is also disposed of.
VIBHU BAKHRU, J
SWARANA KANTA SHARMA, J
OCTOBER 07, 2024RKClick here to check corrigendum, if any
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