CARGILL INDIA PRIVATE LIMITED vs CENTRAL BOARD OF DIRECT TAXES

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25.02.2025 + W.P.(C) 399/2022 CARGILL INDIA PRIVATE LIMITED ..... Petitioner versus CENTRAL BOARD OF DIRECT TAXES. ..... Respondent Advocates who appeared in this case: For the Petitioners : Mr. Kamal Sawhney, Mr. Nikhil Agarwal, Mr. Puru Medhira& Mr. Nishank Vashistha, Advocates. For the Respondents : Mr. Indruj Singh Rai, SSC, Mr. Sanjeev Menon, Mr. Rahul Singh JSCs & Mr. Anmol Jagga, Advocate. CORAM HON’BLE MR JUSTICE VIBHU BAKHRU HON’BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT VIBHU BAKHRU, J 1. The petitioner has filed the present petition, inter alia, impugning a communication dated 30.06.2021 (hereafter the impugned communication) whereby the petitioner was informed that its request for reconsideration of an order dated 25.10.2019 (hereafter the impugned order) was considered and rejected. 2. The petitioner had earlier filed an application dated 21.06.2018 seeking relaxation of the conditions prescribed under Rule 9C of the Signature Not Verified Digitally Signed By:TARUN RANA W.P.(C) No.399/2022 Page 1 of 33 Signing Date:07.03.2025 16:44:11 Income Tax Rules 1962 (hereafter the Rules) read with Section 72A of the Income Tax Act, 1962 (hereafter the Act) seeking permission to carry forward all losses of the companies that had amalgamated with the petitioner, for an extended period of three years. The said application was rejected by the impugned order. The petitioner had, thereafter, requested for reconsideration of the petitioner’s request for relaxation, which was also rejected and the same was communicated to the petitioner by the impugned communication dated 30.06.2021. Thus, essentially, the petitioner seeks to assail the impugned order dated 25.10.2019 rejecting the petitioner’s requests for