Sector 113 Gatevida Developersnpvt Ltd v. The Deputy Commissioner Of Income Tax

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 46/2024, CM APPLs 2972-74/2024 SECTOR 113 GATEVIDA DEVELOPERSNPVT LTD ..... Appellant Through: Appearance not given Versus THE DEPUTY COMMISSIONER OF INCOME TAX .....Respondent Through: Mr. Vipul Agarwal(Senior Standing Counsel) , Mr. Gibran Naushad (Junior Standing Counsel) Ms. Sakashi Shairwal(Junior Standing Counsel) and Mr. Gaorang Ranjan, Advocate. CORAM:HON'BLE MR. JUSTICE YASHWANT VARMAHON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 18.01.2024 CM APPL 2972/2024 (Exemption) Allowed, subject to all just exceptions. The application stands disposed of. CM APPL 2973/2024 (Delay) Bearing in the mind the disclosures made, the delay of 145 days in filing the appeal is condoned. The applications shall stand disposed of. ITA 46/2024 Learned counsel appearing for the respondent draws our attention to the fact that the Assessing Officer in the present case was seated in Gurugram in the State of Haryana and thus in light of the decision of the Supreme Court in Principal Commissioner of Income Tax-I vs. ABC Papers Ltd. [(2022) 9 SCC 1], the instant appeal would not be maintainable. Faced with the above, learned counsel for the appellant prayed for and is granted liberty to withdraw the instant appeal and to approach the jurisdictional High Court. Ordered accordingly. YASHWANT VARMA, J. PURUSHAINDRA KUMAR KAURAV, J. JANUARY 18, 2024neha