DEPUTY COMMISSIONER OF INCOME TAX, NEW DELHI vs. NEERAV HOLDINGS PVT LTD, NEW DELHI

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ITA 5878/DEL/2026Status: HeardITAT Delhi19 August 2026AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the pendency of an SLP against a jurisdictional High Court's judgment has no consequence. Therefore, the Revenue's grounds of appeal were devoid of merit.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order which held the assessment order illegal, relying on a Delhi High Court judgment. The Revenue argued that the CIT(A) erred by relying on this judgment despite a pending SLP.

What were the issues?

Whether the CIT(A) erred in relying on a jurisdictional High Court judgment when an SLP was pending against it. The legality of the assessment order based on the jurisdictional High Court's precedent.

Which sections of the Income-tax Act were involved?

Section 250,Section 153C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E”, NEW DELHI

Before: SHRI VIMAL KUMAR & SHRI SANJAY AWASTHI

Hearing: 19.08.2026Pronounced: 19.08.2026

Heard together (3 matters)

ITA No. 5878/Del/2026
ITA No. 5879/Del/2026
ITA No. 5880/Del/2026

Read from the judgment's own cause title. This page is filed under one of them.

PER BENCH: The applications for condonation of delay of 26 days in filing appeal and the appeals filed by the Revenue are against order dated 19.01.2025 of ld.

P a g e | 2 ITA No. 5878 to 5880/Del/2026 Neerav Holdings Pvt. Ltd. Commissioner of Income Tax (Appeals)-27, New Delhi [hereinafter referred to as “the CIT(A)”] under section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) arising out of assessment order dated 30.03.2023 of ld. Assessing Officer/DCIT, Central Circle-28, New Delhi (hereinafter referred to as ‘the AO’) u/s 153(C) of the Act for assessment year 2010-11 to 2012-13.

2.

Ld. Departmental Representative submitted that Ld. CIT(A) erred in relying upon judgment of Hon’ble Delhi High Court in case of PCIT, Central Circle 1, Delhi vs. Ojjus Medicare Pvt. Ltd. ITA No. 52/2024 even though the Revenue had filed a SLP.

2.1 Ld. Authorized Representative for assessee placed reliance on order dated 27.07.2026 in ITA No. 3814/Del/2026 titled as DCIT vs. VDH Chem Tech Pvt. Ltd.

3.

From examination of record in light of aforesaid rival contention, it is crystal clear that the ld. CIT(A) vide order dated 19.01.2026 by following ratio of Jurisdictional High Court in Ojjus Medicare Pvt. Ltd. held impugned assessment order is illegal.

4.

A co-ordinate bench in ITA No. 3814/Del/2027 titled as DCIT vs. VDH Chem Tech Pvt. Ltd. order dated 27.07.2026 observed as under:

P a g e | 3 ITA No. 5878 to 5880/Del/2026 Neerav Holdings Pvt. Ltd. “4. From examination of the record in light of aforesaid rival contentions, it is crystal clear that Ld. CIT(A), vide order dated 05.12.2025, by following ratio of Jurisdictional High Court in Ojjus Medicare Pvt. Ltd. had held the impugned assessment order dated 21.02.2024 to be illegal. Mere pendency of SLP against the judgment of the Jurisdictional High Court is of no consequence. Therefore, the grounds of appeal devoid of merit are rejected.” 5. In view of above material facts by respectfully following the judicial precedents, the grounds of appeal being devoid of merit are rejected.

6.

In the result, the applications for condonation of delay of 26 days in filing appeals are allowed and the appeals filed by the Revenue are dismissed.

Order pronounced in the open court on 19.08.2026

Sd/- Sd/- (SANJAY AWASTHI) (VIMAL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 20.08.2026 Binita, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI

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