NAYATI HEALTHCARE AND RESEARCH NCR PRIVATE LIMITED vs ASSESSMENT OFFICER, INCOME TAX DEPARTMENT

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16thFebruary, 2026 W.P.(C) 1554/2026, CM APPL. 7567/2026 & CM APPL. 7568/2026 NAYATI HEALTHCARE AND RESEARCH NCR PRIVATE LIMITED .....Petitioner Through: Mr. Giriraj Subramanium, Ms. Aadhyaa Khanna, & Mr. Aditya Sarma, Advs. versus ASSESSMENT OFFICER, INCOME TAX DEPARTMENT .....Respondent Through: Mr. Shlok Chandra, SSC with Ms. Naincy Jain & Ms. Madhavi Shukla, JSCs. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT DINESH MEHTA, J. (ORAL) 1. The instant writ petition is directed against the order under Section 143(3) read with section 144B of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act of 1961’), whereby an ex parte order has been passed on 24.03.2025, and a best judgment assessment made. 2. Mr. Giriraj Subramanium, learned counsel for the petitioner submitted that on account of certain financial strains/distress, the petitioner/company went into insolvency and by the order dated 05.07.2024 an Interim Resolution Professional (hereinafter referred to as ‘IRP’) was appointed by the National Company Law Tribunal (hereinafter referred to as ‘NCLT’) in terms of Section 16 of the