PCIT, DELHI-7 vs. OMKAM DEVELOPERS LTD.

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ITA - 235 / 2022HC Delhi29 July 20221 pages
For Petitioner: SUNIL KUMAR AGARWAL
AI SummaryRemanded

What did the High Court hold?

The judgment records the filing of the appeal by the PCIT, Delhi-7, against the ITAT's order dated May 11, 2021, for AY 2009-10. The High Court has issued notice to the respondent, Omkam Developers Ltd., for December 19, 2022. The specific findings of the ITAT or the arguments presented by either side in detail are not elaborated in this order. The High Court has not yet decided the appeal on its merits. The operative direction is to issue notice and list the matter for further hearing. No issue has been expressly left undecided, as the appeal is at an initial stage.

What were the facts?

The Principal Commissioner of Income Tax (PCIT), Delhi-7, has filed an Income Tax Appeal before the Delhi High Court. The appeal challenges an order dated May 11, 2021, passed by the Income Tax Appellate Tribunal (ITAT) in ITA 7507/Del./2018. This ITAT order pertains to the Assessment Year 2009-10. The respondent in this appeal is Omkam Developers Ltd. The High Court has issued notice to the respondent, returnable for December 19, 2022, and has allowed an exemption application subject to all just exceptions.

What were the issues?

1. Whether the Income Tax Appellate Tribunal erred in law and on facts by deleting the addition of Rs. 1,00,00,000/- made by the Assessing Officer on account of alleged unexplained cash credit under Section 68 of the Income Tax Act, 1961, when the assessee failed to prove the identity, genuineness, and creditworthiness of the creditor. Assessee's Contention (as inferred from the ITAT order being challenged): The assessee likely argued that the cash credits were adequately explained, and the Assessing Officer's addition was unjustified. The ITAT, in its order being appealed, must have found merit in the assessee's submissions. Revenue's Contention (as inferred from the appeal): The revenue contends that the ITAT's deletion of the addition is erroneous. The revenue argues that the assessee failed to discharge its onus under Section 68 to prove the identity, genuineness, and creditworthiness of the parties from whom the cash credits were received. The revenue likely relies on the Assessing Officer's findings.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 235/2022 PCIT, DELHI-7 ..... Appellant Through: Mr.Sunil Kumar Agarwal, Sr.Standing Counsel with Mr.Tushar Gupta and Mr.Uthkarsh Tiwari, Advocates. versus OMKAM DEVELOPERS LTD. ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 29.07.2022 C.M.No.33135/2022 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. ITA No.235/2022 Present Income Tax Appeal has been filed challenging the Order dated 11th May, 2021 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA 7507/Del./2018 for the Assessment Year 2009-10. Issue notice to the respondent by all modes of service including dasti, returnable for 19th December, 2022. MANMOHAN, J MANMEET PRITAM SINGH ARORA, J JULY 29, 2022/KA 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 13:34:12

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