GUANGZHOU USHA INTERNATIONAL LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE INTERNATIONAL TAXATION 1 (3) (1)
What did the High Court hold?
The Delhi High Court held that the petitions were dismissed as withdrawn. The Court noted that the petitioner had filed an application under the Direct Tax Vivad Se Vishwas Scheme, 2024, to settle its disputes. Following this application, Form-02 was issued, determining the amount payable. The petitioner expressed their wish to withdraw the present petitions to make payments in terms of the amount determined in Form-02. The Court granted this request. The operative direction was that the petitions are dismissed as withdrawn. The Court also provided a liberty to the petitioner to seek revival of these petitions if, for any reason, the application under the DTVSV Scheme does not attain finality after payments.
What were the facts?
The petitioner, Guangzhou Usha International Ltd., filed multiple writ petitions before the Delhi High Court. These petitions challenged various orders or actions by the Income Tax Department, including those from Commissioners and Deputy/Assistant Commissioners of Income Tax (International Taxation). The specific assessment years and amounts in dispute are not detailed in the provided text. The procedural history involves the petitioner filing an application under the Direct Tax Vivad Se Vishwas Scheme, 2024 ('DTVSV Scheme') to settle its disputes. Following this application, Form-02 was issued, which determined the amount payable by the petitioner. The petitioner then expressed a desire to withdraw the present petitions to make payments as per the Form-02 determination.
What were the issues?
1. Whether the petitioner is entitled to withdraw the present writ petitions in light of their application under the Direct Tax Vivad Se Vishwas Scheme, 2024, and the subsequent issuance of Form-02? Assessee's Contention: The petitioner, Guangzhou Usha International Ltd., argued that they had filed an application under the DTVSV Scheme to settle their disputes with the Revenue Department. They stated that Form-02 had been issued, determining the amount payable. Consequently, they wished to withdraw the present petitions to proceed with making the payments as determined in Form-02. No specific authorities or precedents were cited by the petitioner in the provided text. Revenue's Contention: Appearance was not received for the respondent Revenue in any of the listed writ petitions. Therefore, no arguments or contentions were recorded from the Revenue's side.
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$~52 to 57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1850/2016 GUANGZHOU USHA INTERNATIONAL LTD. .....Petitioner Through: Mr. Vaibhav Kulkarni, Adv. (9911013919) versus COMMISSIONER OF INCOME TAX .....Respondent Through: Appearance not received. ~53 + W.P.(C) 11183/2016 GUANGZHOU USHA INTERNATIONAL LTD. .....Petitioner Through: Mr. Vaibhav Kulkarni, Adv. (9911013919) versus COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION)-I .....Respondent Through: Appearance not received ~54 + W.P.(C) 11820/2019 GUANGZHOU USHA INTERNATIONAL LTD .....Petitioner Through: Mr. Vaibhav Kulkarni, Adv. (9911013919) versus COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) .....Respondent Through: Appearance not received ~55 + W.P.(C) 15909/2022 GUANGZHOU USHA INTERNATIONAL LTD .....Petitioner Through: Mr. Vaibhav Kulkarni, Adv. (9911013919) 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 14/07/2025 at 13:24:12
versus DEPUTY COMMISSIONER OF INCOME TAX CIRCLE INTERNATIONAL TAXATION 1(3)(1) .....Respondent Through: Appearance not received ~56 + W.P.(C) 2966/2022 GUANGZHOU USHA INTERNATIONAL LTD .....Petitioner Through: Mr. Vaibhav Kulkarni, Adv. (9911013919) versus ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE INTERNATIONAL TAXATION 1 (3) (1) .....Respondent Through: Appearance not received ~57 + W.P.(C) 12149/2023 & CM APPL. 47754/2023 GUANGZHOU USHA INTERNATIONAL LTD .....Petitioner Through: Mr. Vaibhav Kulkarni, Adv. (9911013919) versus ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE INT TAX 1(3)(1) NEW DELHI .....Respondent Through: Appearance not received. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 09.07.2025 1. This hearing has been done through hybrid mode. 2. Ld. Counsel for the Petitioner submits that the Petitioner had filed an 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 14/07/2025 at 13:24:12
application under the ‘Direct TaxVivad Se Vishwas Scheme, 2024’ (hereinafter, ‘DTVSV Scheme’) to settle its disputes with the Revenue Department. 3. In the said application, Form-02 has been issued, determining the amount payable. A copy of the Form-02 has been handed across to the Court. Let the same be taken on record. 4. The Petitioner submits that they wish to withdraw the present petitions and thereafter, make payments in terms of the amount determined in Form-02. 5. Thus, the petitions are dismissed as withdrawn. 6. If for any reason, the application under the DTVSV Scheme does not attain finality after payments, the Petitioner shall be free to seek revival of these petitions. PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J JULY 9, 2025 kk/ss 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 14/07/2025 at 13:24:12
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