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2023 Supreme(Del) 5235

RAJIV SHAKDHER, GIRISH KATHPALIA
Amit Gupta – Appellant
Versus
Assistant Commissioner of Income Tax Circle 34-1 New Delhi – Respondent


JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral)

CM APPL. 23022/2023

1. Allowed, subject to just exceptions.

W.P.(C) 5870/2023 & CM APPL. 23021/2023 [Application filed on behalf of the petitioner seeking interim relief]

2. Issue notice.

2.1 Mr Sanjeev Menon, Senior Standing Counsel, accepts notice on behalf of the respondent/revenue.

3. In view of the order that we propose to pass, Mr Menon says that he does not wish to file a counter-affidavit in the matter and he will argue based on the record presently available to the Court. Therefore, with the consent of the counsels for parties, the writ petition is taken up for hearing and final disposal, at this stage itself.

4. This writ petition concerns Assessment Year (AY) 2019-20.

5. The principal allegation levelled against the petitioner is that he has entered into sham transactions for sale of the subject goods with two entities i.e., VKC Nuts Pvt. Ltd. and M/s Arham Foods.

6. It is alleged that the petitioner has shown bogus sales vis-a'-vis the aforementioned entities.

6.1 The cumulative value of the purported bogus sales, according to the respondent/revenue, is Rs. 1,72,27,917/-. The bogus s

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