Deputy Director Of Income Tax (Inv) Unit - 4(3) vs Xiongwei LI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1899

ANU MALHOTRA
Deputy Director Of Income Tax (Inv) Unit - 4(3) – Appellant
Versus
Xiongwei LI – Respondent

Advocates appeared:
Mr. Zoheb Hossain, Sr. Standing Counsel with Mr. Vipul Agrawal, Mr. Parth Semwal, Jr. Standing Counsels., for the Petitioner; Mr. Vijay Aggarwal, Mr. Nagesh Behl, Mr. Hardik Sharma, Mr. Abhiraj Ray & Mr. Mukul Malik, Advocates., for the Respondent

Table of Content
1. setting aside of impugned order and issues around look out circular. (Para 1)
2. background facts and company ownership structure. (Para 2 , 4 , 6)
3. legal framework surrounding look out circular issuance. (Para 10 , 19)
4. discussion of procedural compliance and ongoing investigations. (Para 12 , 15 , 36)
5. judicial review of look out circular and implications for economic interests. (Para 38 , 78 , 80)
6. concluding order on the issuance and conditions associated with the look out circular. (Para 90)

JUDGMENT

1. The petitioner, i.e., the Deputy Director of Income Tax (Inv) Unit-4(3), New Delhi, vide the petition Crl. M.C. No. 4492/2022 seeks the setting aside of the impugned order dated 29.8.2022 of the Court of the learned ACMM, Special Acts, Tis Hazari Courts, and vide Crl. M.A. No. 18282/2022 seeks the stay of the operation of the impugned order dated 29.08.2022 whereby the application filed by the respondent herein seeking a quashing of the Look Out Circular (LOC) issued against him at the request of the Income Tax Officer (ITO) represented now by the present petitioner was allowed with conditions imposed thereby to the effect that in case of resignation, retire

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2022 Supreme(Del) 1899

ANU MALHOTRADeputy Director Of Income Tax (Inv) Unit - 4(3) – AppellantVersusXiongwei LI – Respondent

Cases Referred (5)

ANU MALHOTRA
Deputy Director Of Income Tax (Inv) Unit - 4(3) – Appellant
Versus
Xiongwei LI – Respondent