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$~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
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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