$~100 to 103
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4276/2024, CM APPL. 17558/2024 (stay) & CM
APPL. 17560/2024 (permission to file lengthy synopsis)
INDIAN NATIONAL CONGRESS ..... Petitioner
Through: Mr. Prasanna S., Ms. Swati
Arya and Mr. Nikhil Bhalla,
Advs.
versus
DEPUTY COMMISSIONER OF INCOME TAX CENTRAL -
19 & ORS. ..... Respondents
Through: Mr. Zoheb Hossain and Mr.
Vipul Agrawal, Sr.SCs with
Mr. Sanjeev Menon, Jr.SC.
101
+ W.P.(C) 4282/2024, CM APPL. 17574/2024 (stay) & CM
APPL. 17576/2024 (permission to file lengthy synopsis)
INDIAN NATIONAL CONGRESS ..... Petitioner
Through: Mr. Prasanna S., Ms. Swati
Arya and Mr. Nikhil Bhalla,
Advs.
versus
DEPUTY COMMISSIONER OF INCOME TAX CENTRAL -
19 & ORS. ..... Respondents
Through: Mr. Zoheb Hossain and Mr.
Vipul Agrawal, Sr.SCs with
Mr. Sanjeev Menon, Jr.SC.
102
+ W.P.(C) 4306/2024, CAV 143/2024 (filed by resp.) CM APPL.
17648/2024 (stay) & CM APPL. 17650/2024 (permission to file
lengthy synopsis)
INDIAN NATIONAL CONGRESS ..... Petitioner
Through: Mr. Prasanna S., Ms. Swati
Arya and Mr. Nikhil Bhalla,
Advs.
versus
DEPUTY COMMISSIONER OF INCOME TAX CENTRAL -
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 04/04/2024 at 12:04:49
19 & ORS. ..... Respondents
Through: Mr. Zoheb Hossain and Mr.
Vipul Agrawal, Sr.SCs with
Mr. Sanjeev Menon, Jr.SC.
103
+ W.P.(C) 4307/2024, CM APPL. 17654/2024 (stay) & CM
APPL. 18931/2024 (permission to file lengthy synopsis)
INDIAN NATIONAL CONGRESS ..... Petitioner
Through: Mr. Prasanna S., Ms. Swati
Arya and Mr. Nikhil Bhalla,
Advs.
versus
DEPUTY COMMISSIONER OF INCOME TAX CENTRAL -
19 & ORS. ..... Respondents
Through: Mr. Zoheb Hossain and Mr.
Vipul Agrawal, Sr.SCs with
Mr. Sanjeev Menon, Jr.SC.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
O R D E R
% 28.03.2024
CM APPL. 17559/2024 (Ex.) in W.P.(C) 4276/2024
CM APPL. 17575/2024 (Ex.) in W.P.(C) 4282/2024
CM APPL. 17649/2024 (Ex.) in W.P.(C) 4306/2024
CM APPL. 17655/2024 (Ex.) in W.P.(C) 4307/2024
1. Allowed, subject to all just exceptions.
2. Applications are disposed of.
CAV 143/2024 (filed by resp.) in W.P.(C) 4306/2024
3. Since Mr. Zoheb Hossain, learned counsel has entered
appearance on behalf of the respondent, the caveat stands discharged.
W.P.(C) 4276/2024, CM APPL. 17558/2024 (stay) & CM APPL.
17560/2024 (permission to file lengthy synopsis)
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 04/04/2024 at 12:04:49
W.P.(C) 4282/2024, CM APPL. 17574/2024 (stay) & CM APPL.
17576/2024 (permission to file lengthy synopsis)
W.P.(C) 4306/2024, CM APPL. 17648/2024 (stay) & CM APPL.
17650/2024 (permission to file lengthy synopsis)
W.P.(C) 4307/2024, CM APPL. 17654/2024 (stay) & CM APPL.
18931/2024 (permission to file lengthy synopsis)
4. Learned counsels for parties are ad idem that the challenge
which stands raised in these writ petitions is concluded against the
writ petitioner in light of the judgment rendered by us in Indian
National Congress v. Deputy Commissioner of Income Tax
.
Central-19 &Anr [2024:DHC:2303-DB]
5. Accordingly, we dismiss these writ petitions along with
applications for reasons recorded in our aforenoted judgment and on
similar terms.
6. However, we take note of the contention of Mr. Prasanna,
learned counsel appearing for the writ petitioner who seeks to urge
that the proceedings under Section 153C of the Income Tax Act, 1961
would additionally not sustain bearing in mind the interim protection
which has been accorded to the searched person. It was his submission
that the aforesaid contention may be kept open to be addressed at an
appropriate stage. The liberty so prayed for is granted and reserved.
7. It is only observed that we have not rendered any findings
prima facie or otherwise on the correctness of the aforenoted
contention.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J.
MARCH 28, 2024/p
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 04/04/2024 at 12:04:49