PRINCIPAL COMMISSIONER OF INCOME TAX-7, DELHI vs. SUBASH DABAS
What did the High Court hold?
The High Court condoned the delay in filing the appeals, subject to just exceptions. The core issue for examination is whether the approving authority applied its mind to the requisite aspects while granting approval under Section 153D.
What were the facts?
The Revenue filed appeals before the Delhi High Court against ITAT orders for AY 2009-10 and AY 2011-12. The Revenue sought condonation of significant delays in filing these appeals.
What were the issues?
Whether the delay in filing the Revenue's appeals should be condoned. The substantive issue is the proper application of mind by the approving authority under Section 153D.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
$~36 & 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 243/2023 & CM Nos.20652-53/2023
PRINCIPAL COMMISSIONER OF INCOME TAX -7, DELHI
..... Appellant Through: Mr Sunil Agarwal, Sr Standing Counsel with Mr Shivansh B. Pandya, Jr Standing Counsel along with Mr Utkarsh Tiwari, Adv.
versus
SUBASH DABAS & ANR.
..... Respondents
Through: None.
+ ITA 245/2023 & CM Nos.21036-37/2023
PRINCIPAL COMMISSIONER OF INCOME TAX-7, DELHI
..... Appellant Through: Mr Sunil Agarwal, Sr Standing Counsel with Mr Shivansh B. Pandya, Jr Standing Counsel along with Mr Utkarsh Tiwari, Adv.
versus
SUBASH DABAS
..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R %
27.04.2023 [Physical Hearing/Hybrid Hearing (as per request)] ITA 243/2023 & 245/2023
page 1 of 3 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 14:16:18
CM No.20652/2023 in ITA 243/2023 CM No.21036/2023 in ITA 245/2023 [Applications filed on behalf of the appellant seeking condonation of delay of 288 & 265 days respectively in filing the appeals] 1. These are the applications moved on behalf of the appellant/revenue seeking condonation of delay in filing the appeals. 1.1 CM No.20652/2023 (in ITA 243/2023) seeks condonation of delay of 288 days while CM No.21036/2023 (in ITA 245/2023) seeks condonation of delay of 265 days. 2. Issue notice to the non-applicants/respondents via all modes including e-mail. 3. List the above-captioned applications on 14.08.2023. CM No.20653/2023 in ITA No.243/2023 CM No.21037/2023 in ITA No.245/2023 4. Allowed, subject to just exceptions. ITA 243/2023 ITA 245/2023 5. ITA No.243/2023 concerns Assessment Year (AY) 2009-10, whereas ITA No.245/2023 concerns AY 2011-12. 6. Both appeals preferred before the Income Tax Appellate Tribunal [in short, “Tribunal”] have been disposed of by via separate orders dated 25.11.2021. 7. The main plank, based on which, the Tribunal has ruled in favour of the respondents/assessees is, that while granting approval under Section 153D of the Income Tax Act, 1961 [in short, “Act”], the concerned authority failed to apply its mind to requisite aspects of the matter. ITA 243/2023 & 245/2023
page 2 of 3 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 14:16:18
7.1 This issue will be examined on the next date of hearing. 8. The order passed today will accompany the notice in the matter. 9. Parties will file a short note of written submissions, at least five days before the next date of hearing. 10. List the above-captioned appeals on 14.08.2023.
RAJIV SHAKDHER, J
TARA VITASTA GANJU, J
APRIL 27, 2023
Click here to check corrigendum, if any
ITA 243/2023 & 245/2023
page 3 of 3
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 14:16:18
More judgments on Section 153D
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- Babita Panda, Bhubaneswar vs DCIT, Central Circle 1, BhubaneswarITSSA 66/CTK/2026[2016-17]Status: Disposed30 Sept 2026AY 2016-17
- Babita Panda, Bhubaneswar vs DCIT, Central Circle 1, BhubaneswarITSSA 65/CTK/2026[2015-16]Status: Disposed30 Sept 2026AY 2015-16
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