Mount Shikhar Financial Services Limited v. Union of India & Ors

O R D E R %

25.08.2026

¶1By way of present writ petition, the petitioner has challenged a notice dated 06.11.2025 issued under Section 226(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act of 1961').

¶2Learned counsel for the petitioner argued that the petitioner is having a strong prima-facie case as the demand raised by the Assessing Officer vide order dated 18.03.2025 is absolutely unsustainable and per-se contrary to facts and law. This is a digitally signed order. 3. During the course of submissions, on Court's query, learned counsel for the petitioner informed that the petitioner has filed a stay application on

20.08.2025 – just a day before filing the present writ petition (which was filed on 21.08.2026).

¶4In view of the aforesaid and considering that the notice under Section 226(3) of the Act of 1961 was issued way back on 06.11.2025 and the assessee having filed its appeal on 24.03.2025, has not cared to take any steps for seeking stay form any Competent Authority, we are not inclined to exercise our discretionary jurisdiction in favour of a litigant who has been sleeping over his rights.

¶5Simply because the petitioner has moved a rectification application and was pursuing the same, he cannot afford to close his eyes from the impending demand against him.

¶6An assessee who is sleeping over his rights cannot knock at the door of the High Court to seek protection against the measures of recovery which the respondent-Department is legally taking.

¶7The writ petition is, therefore, dismissed along with all pending applications.

DINESH MEHTA, J.

RAJNEESH KUMAR GUPTA, J. AUGUST 25, 2026/nk This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010402762026 + W.P.(C) 12492/2026, CM APPL. 57912/2026 & CM APPL. 57913/2026 MOUNT SHIKHAR FINANCIAL SERVICES LIMITED .....Petitioner Through: Mr. Kumail Abbas & Ms. Riya Jain, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Abhishek Maratha, SSC with Mr. Apoorv Agarwal, Mr. Viplav Acharya, JSCs. Mr. Ashok Kashyap, SPC with Mr. Kabir Hazarika (GP), Mr. Anshul Bhadouriya, Mr. Abhay Singh, Mr. Mayank Nagar, Advocates for UOI. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA