R.L.TRADERS vs. INCOME TAX OFFICER WARD 47 (1)

$~45 to 47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.A(SB) 30/2016 DY. COMMISSIONER OF INCOME TAX CIRCLE-13(1) ..... Appellant Through: Ms. Laxmi Gurang, Advocate versus JVG LEASING LTD THROUGH OFFICIAL LIQUIDATOR ..... Respondent Through: Ms. Swati Setia, Advocate with Mr. Gautam Kumar, Advocate for RBI Mr. Rajiv Bahl, Advocate for the Official Liquidator + CO.A(SB) 31/2016 DY. COMMISSIONER OF INCOME TAX CIRCLE 13(1) ..... Appellant Through: Ms. Laxmi Gurang, Advocate versus JVG HOUSING FINANCE LTD THROUGH OFFICIAL LIQUIDATOR ..... Respondent Through: Ms. Swati Setia, Advocate with Mr. Gautam Kumar, Advocate for RBI Mr. Rajiv Bahl, Advocate for the Official Liquidator + CO.A(SB) 32/2016 DY. COMMISSIONER OF INCOME TAX CIRCLE 13 (1) ..... Appellant Through: Ms. Laxmi Gurang, Advocate versus JVG DEPARTMENTAL STORES LTD. THROUGH OFFICIAL LIQUIDATOR ..... Respondent Through: Ms. Swati Setia, Advocate with Mr. Gautam Kumar, Advocate for RBI Mr. Rajiv Bahl, Advocate for the Official Liquidator

CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL O R D E R % 23.11.2016 CO.APPL.4640/2016 in CO.A.(SB) 30/2016 CO.APPL.4641/2016 in CO.A.(SB) 31/2016 CO.APPL.4645/2016 in CO.A.(SB) 32/2016 Exemption granted subject to all just exceptions. The applications are disposed of accordingly. CO.A.(SB) 30/2016, 31/2016 & 32/2016 The present appeals assail the order dated 08.09.2016, passed by the Official Liquidator, rejecting the claim of the Income Tax Department. Notice. Mr. Rajiv Bahl, learned counsel accepts notice on behalf of the Official Liquidator. Counsel appearing on behalf of the appellant as well as counsel appearing on behalf of the Official Liquidator, in unison, state that the order assailed in the present appeals would require re-consideration and in this regard, it would be appropriate to remit the matters back to the Official Liquidator for de novo consideration of the claim instituted on behalf of the Income Tax Department. Having heard counsel appearing on behalf of the parties, I am of the view that in the present appeals, it would be just, necessary and appropriate to set aside the impugned order dated 08.09.2016 and remit the matter back to the Official Liquidator for fresh consideration of the claim on behalf of the appellants, in accordance with law. Directed accordingly. With the above directions, the appeals are disposed of.

In the first instance, list the claim filed on behalf of the Income Tax Department before the Official Liquidator for de novo consideration on 24.12.2016. SIDDHARTH MRIDUL, J NOVEMBER 23, 2016 dn