M/S Infonox Software Pvt.ltd. & Ors v. Deputy Commissioner Of Income Tax Throughneeraj Gupta, Dcit

$-20-24 *IN THE HIGH COURT OF DELHI AT NEW DELHI +CRL.M.C. 3724/2018 M/S INFONOX SOFTWARE PVT.LTD. & ORS Petitioner Through Mr.Deepak Chopra and Ms.RashiKhanna, Advocates. versus DEPUTY COMMISSIONER OF INCOME TAX THROUGHNEERAJ GUPTA, DCIT, Respondent Through Ms.Vibhooti Malhotra, Junior StandingCounsel for Mr.Ruchir Bhatia,Sr.Standing counsel +CRL.M.C. 4077/2018 M/S. INFONOX SOFTWARE PRIVATE LIMITED & ORS. Petitioner Through Mr.Deepak Chopra and Ms.RashiKhanna, Advocates. versus DEPUTY COMMISIONER OF INCOME TAX RespondentThrough Ms.Vibhooti Malhotra, Junior StandingCounsel for Mr.Ruchir Bhatia,Sr.Standing Counsel +CRL.M.C. 4081/2018 M/S. INFONOX SOFTWARE PRIVATE LIMITED & ORS. Petitioner Through Mr.Deepak Chopra and Ms.RashiKhanna, Advocates. CRLM.CNos..3724/2018, 4077/2018, 4081/2018, 4082/2018 & 4083/2018 page 1 of 3 versus DEPUTY COMMISIONER OF INCOME TAX RespondentThrough Ms.Vibhooti Malhotra, Junior StandingCounsel for Mr.Ruchir Bhatia,Sr. Standing Counsel +CRL.M.C. 4082/2018 M/S. INFONOX SOFTWARE PRIVATE LIMITED & ORS. Petitioner Through Mr.Deepak Chopra and Ms.RashiKhanna, Advocates. versus DEPUTY COMMISIONER OF INCOME TAX RespondentThrough Ms.Vibhooti Malhotra, Junior StandingCounsel for Mi-.Ruchir Bhatia, Sr. StandingCounsel Respondent +CRL.M.C. 4083/2018 M/S INFONOX SOFTWARE PRIVATE LIMITED & ORS Petitioner Through Mr.Deepak Chopra and Ms.RashiKhanna, Advocates. versus DEPUTY COMMISSIONER OF INCOME TAX THROUGHNEERAJ GUPTA RespondentThrough Ms.Vibhooti Malhotra, Junior StandingCounsel for Mr.Ruchir Bhatia, Sr.StandingCounsel CORAM:HON'BLE MR. JUSTICE R.K.GAUBAORDER %07.03.2019CRL.M.CNos..3724/2018, 4077/2018, 4081/2018, 4082/2018 & 4083/2018 page 2 of 3 After some arguments, learned counsel for the petitionei,having taken instructions, submits that he may be pennitted towithdraw these petitions and the applications filed therewith, thepetitioners reserving the contentions set out in these petitions quapetitioners Shivani Mittal and Venkatramaraju Nadempali to beagitated as defences before the concerned Criminal Court and seekingliberty to approach this Court again on the issue of the default incompliance with all the provisions contained in Section 139(1) of theIncome Tax Act, 1961 being wilful or not after the decision of theCommissioner of Income Tax (Appeals) in Appeal No.550/17-18/CIT(A)-4 dated 18.05.2018 has attained finality. The petitions are dismissed as withdrawn, the defences ofaforementioned two petitioners, namely Shivani Mittal andVenkatramaraju Nadempali, being reserved to be adjudicated beforethe Criminal Court and liberty, as sought, being hereby granted. Dasti under the signature of the Courth^ter. MARCH 07, 2019 da RKGX CRL[..M.CNOS..3724/20I8, ][4077/2018, ][408I/20I8, ][4082/2018 ][& ][4083/2018 ] page 3 of 3