SEEMA TRIPATHI vs PCIT -7, NEW DELHI & ORS.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17336/2024 & CM APPL. 73796/2024 SEEMA TRIPATHI .....Petitioner Through: Mr. Rohit Tiwari, Mr. Shobhit Tiwari, Ms. Tanya, Ms. Shivani and Mr. Shaantanu Devansh, Advs. versus PCIT -7, NEW DELHI & ORS. .....Respondents Through: Mr. Ruchir Bhatia, SSC with Mr. Anant Mann, JSC and Mr. Abhishek Anand, Advs. Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap and Mr. Varun Pratap Singh, Advs. % Date of Decision: 10th February, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J.: (ORAL) 1. That the petitioner by way of the present petition, is challenging the Order / Intimation Dated 30.10.2024 (sent through e-mail) passed by the Respondent no. 1 under Direct Tax Vivad Se Visvas Scheme, 2014 (hereinafter, DTVSV Scheme) whereby the Respondent No. 1 rejected / cancelled the application of the petitioner filed vide DTVSV Form-1, of the said Scheme for resolving the dispute regarding interest charged Signature Not Verified W.P.(C) 17336/2024 Page 1 of 5 Digitally Signed By:MADHU SARDANA Signing Date:13.02.2025 17:23:55 under Sections 234A, 234B and 234C of the Income Tax Act, 1961, without assigning any reason. 2. Briefly stated, facts leading to the filing of the present petition is that the petitioner entered into a Share Purchase Agreement for sale of Shares held in Vikas Telecom Limited (hereinafter 'VTL') for a total consideration of INR 38,56,64,268/- to Embassy Property Developments Pvt. Ltd. (hereinafter 'EPDPL') vide Share Purchase Agreement dated 26.05.2013, in A.Y. 2014-15). The Petitioner, under the bona-fide belief that the transfer of shares will be taxable in the A.Y. 2014-15, had deposited Advance Tax amounting to INR 3,35,00,000/- out of which INR 6,37,195/- was