Ibibo Group Private Limited v. Deputy Commissioner Of Income Tax Circle 10(1), Delhi & Anr

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15051/2022 IBIBO GROUP PRIVATE LIMITED .....Petitioner Through: Mr. Salil Kapoor, Mr. Sumit Lalchandani, Ms. Ananya Kapoor and Mr. Tarun Chanana, Advs. versus % DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 10(1), DELHI & ANR. .....Respondents Through: Mr. Sanjay Kumar, SSC with Ms. Monica Benjamin and Ms. Easha Kadian, JSCs. CORAM:HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R11.02.2025 1.The writ petitioner had instituted these proceedings assailing the reassessment action commenced by the respondents pertaining to Assessment Year 2014-15. 2.The solitary issue which is pressed before us today is with respect to surviving period with Mr. Lalchandani, learned counsel placing reliance on the following chart:- “IN THE MATTER OF: IBIBO GROUP PRIVATE LIMITED 3.We, however, note that the aspect of whether the proceedings would be barred by limitation is one which is disputed. We bear in consideration the following operative directions that we had ultimately framed while disposing of a batch of writ petitions in Kanwaljeet Kaur v Assistant Commissioner of Income Tax Circle (34) 1 Delhi and Others [2025 SCC OnLine Del 605] and where we had observed as follows:- “27. We accordingly dispose of this batch of writ petitions by directing the concerned AOs to evaluate the individual SCNs' under Section 148 of the Act bearing in mind our judgments in T.K.S. Builders, Abhinav Jindal and Naveen Kumar Gupta. These decisions have conclusively settled issues pertaining to the accordal of sanction under Section 151 as well as the authority of the jurisdictional AO to commence and undertake reassessment. Those decisions also lay at rest the challenge which the writ petitioners had raised that an AO is bound to adhere to the procedure prescribed by Section 153C in cases emanating from a search. 28. A similar exercise would have to be undertaken to examine the issue of surviving period in respect of each individual noticee under Section 148 and which would necessarily be guided by the judgments of Rajeev Bansal and Ram Balram. 29. The concerned AOs shall consequently pass a reasoned and speaking order dealing with the impact of the judgments referred to above upon the impugned reassessment notices and in the manner indicated in paras 27 and 28 of this order. That decision shall thus render a finding on whether the impugned reassessment notices would survive or be liable to be recalled. It shall be open to the writ petitioners to assail any adverse orders that may come to be passed pursuant to the above in accordance with law.” 4.The writ petition shall consequently stand disposed of on terms identical to those provided in Kanwaljeet Kaur. YASHWANT VARMA, J. HARISH VAIDYANATHAN SHANKAR, J.FEBRUARY 11, 2025/nd