PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-3, DELHI vs. ALCHEMIST CAPITAL LTD

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ITA - 251 / 2023HC Delhi03 May 20232 pages
For Petitioner: ABHISHEK
AI SummaryDismissed

What did the High Court hold?

The High Court found no substantial question of law arising for consideration. The court noted a similar issue for AY 2009-2010 was dismissed by a coordinate bench.

What were the facts?

The revenue appealed against an ITAT order concerning AY 2010-2011, where an addition of Rs. 6,59,27,495/- was deleted. The deletion was based on the finding that no incriminating material was found during the assessment conducted under Section 153A.

What were the issues?

Whether the deletion of an addition by the ITAT was justified when no incriminating material was found during a Section 153A assessment.

Which sections of the Income-tax Act were involved?

Section 153A

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ITA 251/2023 Page 1 of 2

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI %

Date of decision: 03.05.2023

+ ITA 251/2023 PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-3, DELHI

..... Appellant Through: Mr Abhishek Maratha, Sr. Standing Counsel with Mr Akshat Singh, Jr. Standing Counsel.

versus

ALCHEMIST CAPITAL LTD

..... Respondent

Through: None.

CORAM:

HON'BLE MR JUSTICE RAJIV SHAKDHER

HON'BLE MR JUSTICE GIRISH KATHPALIA [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J.: (ORAL)

CM No.22377/2023 CM No.22378/2023 1. These are applications filed on behalf of the applicant/appellant/revenue seeking condonation of delay in filing and re- filing the appeal. 1.1 According to the applicant/appellant/revenue, there is a delay of 3 days in filing and 55 days in re-filing the appeal. 2. For the reasons given in the applications, the delay is condoned. 3. The applications are disposed of in the aforesaid terms. ITA 251/2023 4. This appeal concerns Assessment Year (AY) 2010-2011. 5. The appellant/revenue seeks to assail the order dated 18.08.2022 Signed By:VIPIN KUMAR RAI Signing Date:31.05.2023 12:43:11 Signature Not Verified

ITA 251/2023 Page 2 of 2

passed by the Income Tax Appellate Tribunal [in short, “Tribunal”]. 6. Mr Abhishek Maratha, learned senior standing counsel, who appears on behalf of the appellant/revenue, says that the assessment qua the respondent/assessee was made under Section 153A of the Income Tax Act, 1961 [in short, “the Act”]. 7. The record shows, that the Commissioner of Income Tax (Appeals), however, deleted an addition amounting to Rs.6,59,27,495/- inter alia, on the ground that no incriminating material was found qua the respondent/assessee. 8. In fairness, Mr Maratha has brought to our notice, the order dated 30.08.2022 passed in ITA 289/2022 titled Principal Commissioner of Income Tax Central-3 Delhi v. Alchemist Capital Ltd. concerning the AY 2009-2010. 9. In the said appeal, the very same issue arose for consideration. The coordinate bench via the said judgment dismissed the appeal, in view of the finding returned qua the assessment year in issue and the judgment of the coordinate bench in Principal Commissioner of Income Tax vs. Bhadani Financiers Pvt. Ltd. 2021 SCC OnLine Del 4430. 10. According to us, no substantial question of law arises for consideration. 11. The appeal is, accordingly, closed.

RAJIV SHAKDHER, J

GIRISH KATHPALIA, J

MAY 3, 2023/ tr Signed By:VIPIN KUMAR RAI Signing Date:31.05.2023 12:43:11 Signature Not Verified

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