JAYPEE INFRATECH LIMITED,GAUTAM BUDH NAGAR vs. PCIT, NOIDA

PER SATBEER SINGH GODARA, JM

These assessee’s twin appeals
ITA
Nos.
2641
&
2642/Del/2024; in assessment years 2014-15 and 2016-17, arise against the Principal Commissioner of Income Tax [in short, the “PCIT”], Noida’s as many orders, both dated 26.03.2024 having
DIN and order nos. ITBA/REV/F/REV5/2023-24/1063387563(1) and ITBA/REV/F/REV5/2023-24/1063388705(1) involving
Assessee by Sh. Parveen Kumar, Adv.
Department by Sh. Dayainder Singh Sidhu, CIT(DR)
Date of hearing
29.07.2025
Date of pronouncement
13.08.2025

ITA No.2641 & 2642/Del/2024

2 | P a g e proceedings under section 263 of the Income-tax Act, 1961
(hereinafter referred to as ‘the Act’), respectively.

Heard both the parties. Case files perused.
2. We note at the outset that there is hardly much a need for us to delve into the relevant factual matrix at length, so far as correctness of learned PCIT’s impugned identical action of revision juri iction in the twin assessment years 2014-15 and 2016-17
terming the Assessing Officer’s as many assessments dated 30th
March, 2022; as erroneous one causing prejudice to the interest of the Revenue, is concerned. This is for the precise reason that he has relied upon the CIT(A) directions in the assessee’s case in the preceding assessment year 2012-13 inter alia taxing revenue subsidy in the form of chunk of land admeasuring 6250 acres, as taxable in exercise of section 251(1A) enhancement juri iction. We make it clear that the CIT(A) had passed the above enhancement order dated 31st March, 2017 in the said preceding assessment years in the assessee’s case.

This is what has formed the basis for the learned PCIT herein to direct the Assessing Officer to proceed afresh in the assessee’s

ITA No.2641 & 2642/Del/2024

3 | P a g e case in both these succeeding assessment years as per the CIT(A)’s directions.
3. We next note with the able assistance coming from both the parties that the assessee has filed ITA No. 3616/Del/2017
challenging correctness of the CIT(A)’s foregoing enhancement exercise in assessment year 2012-13. And that the same stands adjourned “sine die” as the tribunal’s registry has sent the entire case records to hon’ble apex court wherein the proceeding qua the very issue are stated to be pending in the Civil Appeal No.
7412/2023. This being the clinching factual position, we deem it appropriate that the larger interest of justice would be met in case the assessee’s instant twin appeals are hereby restored back to the learned PCIT to await the final outcome of the preceding assessment years proceedings i.e. AY 2012-13 subject to their lordship’s final adjudication. We order accordingly. It further made it clear that the assessee shall indeed be at liberty to raise all it’s factual as well as legal contentions; as the case may be, afresh which shall be dealt with in accordance with law.

ITA No.2641 & 2642/Del/2024

4 | P a g e

Dated: 13th August, 2025. RK/-