IDEMIA IDENTITY AND SECURITY INDIA PRIVATE LIMITED vs ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 25 DELHI

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 02.05.2025 + W.P.(C) 5821/2025 & CM APPLs. 26609-10/2025 IDEMIA IDENTITY AND SECURITY INDIA PRIVATE LIMITED .....Petitioner Through: Mr. Shankey Agrawal, Mr. Saurabh Nandy, Mr. Siddharth Agrawal, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 25 DELHI .....Respondent Through: Mr. Shlok Chandra, Sr. Standing Counsel with Ms. Naincy Jain, JSC; Ms. Madhavi Shukla, JSC and Mr. Ujjwal Jain, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) 1. Issue notice. 2. The learned counsel appearing for the Revenue accepts notice. 3. The petitioner has filed the present petition, inter alia, impugning a notice dated 21.03.2024 [impugned notice] issued under Section 148 of the Income Tax Act, 1961 [the Act] as well as the consequential proceedings under Section 147 of the Act in respect of Assessment Year [AY] 2018-19. 4. It is the petitioner’s case that the impugned notice was issued beyond the period of limitation as prescribed under Section 149(1)(a) of the Act. Signature Not Verified Signed By:AWANISH W.P.(C) 5821/2025 Page 1 of 8 CHANDRA MISHRA Signing Date:15.05.2025 16:57:49 Therefore, the impugned notice and further proceedings pursuant thereto are liable to be set aside. 5. The impugned notice was issued pursuant to a search conducted on 21.03.2023 in the premises of the petitioner and other connected entities. 6. The petitioner had filed its return for the relevant assessment year [AY 2018-19] on 08.11.2019 declaring an income of ₹17,89,73,378/-. The reasons furnished by the Assessing Officer [AO] for issuing the impugned notice under Section 148 and reopening of the assessment noted that there was a huge amount of management fee