Regency Soraj Infrastructures V. Union of India & Others

W.P.(C)/7699/2010

AI Insights

Regency Soraj Infrastructures, a joint venture, constructed an IT park and sought registration under the Industrial Park Scheme, 2002 to avail tax benefits under Section 80 IA of the Income Tax Act. Their application was initially considered but later rejected as the park commenced after the cut-off date of the 2002 Scheme. The petitioner argued that the 2008 Scheme, which came into effect after the 2002 Scheme, should not apply retrospectively and that they were entitled to benefits under the 2002 Scheme. The court, however, found that the 2008 Scheme was applicable and the petitioner did not meet its requirements, leading to the dismissal of their petitions.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 701886 (HC-DELHI)
• Appeal Type: Others
• Pronouncement Date: 24-01-2012
• Assessment Year: misc
• Other Referred Cases: Regency Soraj Infrastructures Vs. Union of India and Others, Silver Land Developers (P) Limited vs. Empowered Committee
• Laws Referred To: Income Tax Act, 1961, Industrial Park Scheme, 2002, Industrial Park Scheme, 2008
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: A S CHANDHIOK; SONIA MATHUR; RIYA KAUL; KIRAN BABU
• Assessee Lawyers: PORUS KAKA; DIVESH CHAWLA; ARVIND GUPTA; SHINY VARGHESE
• Keywords: Completion certificate; Empowered Committee; Industrial park; Promissory Estoppel; Tax Exemption
• Section: 80IA

Judgement Text

". V IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITON (ClViL) NO 7699/2010 Reserved on: 22\"^ November, 2011 % Date of Decision: 24^*\" January, 2012 REGENCY SORAJ INFRASTRUCTURES ...Petitioner Through Mr. Porus F. Kaka, Sr. Advocate with Mr. Divesh Chawla, Mr. Arvind Gupta and Ms. Shiny Varghese, Advocates. VERSUS UNION OF INDIA & OTHERS Respondents Through Mr. A.S. Chandhiok, ASG with Ms. Sonia Mathur and Ms. Riya Kaul, Advocates for UOI. Mr. Kiran Babu, Sr. Standing Counsel for respondent Nos.3 and 4. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SAlMJiV KHANNA, J.: detailed order see W.P.(C) 13825/2009 titled Regency Soraj Infrastructures Vs. Union of India and Others pronounced today. •11^ (SANJIV KHANNA)