Nv International Private Limited v. Assistant Commissioner Of Income-Tax Central Circle - 31, Delhi & Ors

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17813/2024, CM APPL. 75832/2024 & CM APPL. 75833/2024-EXEMP. NV INTERNATIONAL PRIVATE LIMITED .....Petitioner Through: Mr. Manuj Sabharwal, Mr. Drona Negi and Mr. Devvrat Tiwari, Advocates versus ASSISTANT COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE - 31, DELHI & ORS. .....Respondents .....Respondents Through: Mr. Shlok Chandra, Sr. Standing Counsel alongwith Ms. Naincy Jain and Ms. Madhavi Shukla, JSCs for Revenue. CORAM:HON'BLE THE ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE TUSHAR RAO GEDELAO R D E R % 23.12.2024 1.Issue notice. The learned counsel for the respondents accepts notice. 2.The petitioner has filed the present petition, inter alia, impugning the notice dated 03.08.2023 issued under Section 148 (hereafter the impugned notice) of the Income Tax Act, 1961 (hereafter the Act) seeking to reopen the assessment in respect of the assessment year (AY) 2014-15. 3.The petitioner’s case is that the impugned notice has been issued beyond the period of the limitation. 4.Concededly, the issue involved in the present case is covered by the earlier decision of this court in Dinesh Jindal v. Assistant Commissioner of Income Tax, Central Circle 20, Delhi & Others: Neutral Citation: 2024: DHC:4554-DB as well as the decision in the case of The Pr. Commissioner of Income Tax - Central-1 v. Ojjus Medicare Pvt. Ltd : Neutral Citation : 2024:DHC: 2629-DB and KAD Housing Private Limited v. Deputy Commissioner of Income Tax Central Circle-6, Delhi : Neutral Citation : 2024:DHC:8214-DB. 5. In terms of the aforesaid decisions, the period of ten years is required to be reckoned from the end of the assessment year, which is relevant to the previous year in which the notice under Section 148 of the Act has been issued. 6.The learned counsel appearing for the Revenue concurs with the aforesaid proposition. 7. In view of the above, the present petition is allowed. The impugned notice is set aside as being barred by limitation. notice is set aside as being barred by limitation. 8.The petition is disposed of in the aforesaid terms. 9.Pending applications also stand disposed of. VIBHU BAKHRU, ACJ DECEMBER 23, 2024 kct TUSHAR RAO GEDELA, J Click here to check corrigendum, if any