THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs. CHETAN GUPTA

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 217/2023

THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1

..... Appellant Through: Mr Ruchir Bhatia, Sr. Standing Counsel with Ms Priya Sarkar and Mr Shlok Chandra, Jr. Standing Counsel.

versus

CHETAN GUPTA

..... Respondent

Through: None.

CORAM:

HON'BLE MR JUSTICE RAJIV SHAKDHER

HON'BLE MS JUSTICE TARA VITASTA GANJU

O R D E R %

17.04.2023 [Physical Hearing/Hybrid Hearing (as per request)] ITA 217/2023 1. This appeal concerns Assessment Year (AY) 2006-2007. 2. The appellant/revenue has assailed the order dated 28.07.2021 passed by the Income Tax Appellate Tribunal [in short, “Tribunal”]. The Tribunal, in reaching its conclusion, has followed its order concerning the respondent/assessee for AYs 2001-2002 to 2004-2005. 3. Mr Ruchir Bhatia, learned senior standing counsel, who appears on behalf of the appellant/revenue, informs us that appeals have been filed against the said order of the Tribunal. In this connection, one of the orders passed in ITA 23/2019 dated 02.03.2021 has been brought to our notice.

ITA 217/2023

page 1 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 14:16:10

3.1 Mr Bhatia says, that the question of law framed and as reflected in the order would also be applicable in this case. The question of law framed in ITA 23/2019 reads as follows: “Whether the ITAT was justified in reversing the decision of the Commissioner of Income Tax (Appeals) [CIT (A)] whereby the addition made under Section 68 of the Income Tax Act, 1961 qua the unexplained credits found in the books of the Respondent-Assessee [contained in the pen drive] was based on the peak credit in the individual accounts and not on the peak credit for the entire year in question?” 4. Issue notice to the respondent/assessee via all modes, including e- mail. 5. List the matter on 31.10.2023.

RAJIV SHAKDHER, J

TARA VITASTA GANJU, J

APRIL 17, 2023 / tr

Click here to check corrigendum, if any

ITA 217/2023

page 2 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 14:16:10