THE PR. COMMISSIONER OF INCOME TAX -7 vs. VENUS OVERSEAS PVT. LTD.

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ITA - 166 / 2023HC Delhi21 March 20232 pages
For Petitioner: RUCHIR BHATIA
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court condoned the delay in re-filing the appeal. However, the court found no substantial question of law arising for consideration and closed the appeal.

What were the facts?

The Revenue appealed an ITAT order that quashed the Assessing Officer's order passed under Section 153C. The appeal was filed with a significant delay in re-filing.

What were the issues?

Whether a substantial question of law arises from the ITAT's order quashing the AO's assessment under Section 153C, and condonation of delay in filing the appeal.

Which sections of the Income-tax Act were involved?

Section 153C

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$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 166/2023

THE PR. COMMISSIONER OF INCOME TAX -7..... Appellant Through: Mr Ruchir Bhatia, Sr Standing Counsel.

versus

VENUS OVERSEAS PVT. LTD.

..... Respondent

Through: Mr Sandeep Goel, Advocate. CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R %

21.03.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM Appl.13529/2023 [Application filed on behalf of the appellant seeking condonation of delay of 245 days in re-filing the appeal] 1. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal. 1.1 According to the appellant/revenue, there is a delay of 245 days. 2. Having regard to the fact that the delay is in re-filing the appeal and the reasons given in the application, the delay is condoned. 3. The application is disposed of, in the aforesaid terms. ITA 166/2023 4. This appeal concerns Assessment Year (AY) 2006-07. 5. This appeal is directed against the order dated 25.08.2020 passed by the Income Tax Appellate Tribunal [in short, the “Tribunal”] quashing the order of the Assessing Officer (AO) passed under Section 153C of the ITA 166/2023

1/2 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 14:24:18

Income Tax Act, 1961 [in short, the “Act”]. 6. Mr Ruchir Bhatia, learned senior standing counsel, who appears on behalf of the appellant/revenue, says that the issue concerning the respondent/assessee is covered by the judgement of a coordinate bench of this court in Commissioner of Income Tax (Central)-III vs. Kabul Chawla (2016) 380 ITR 573 (Del) and the judgement dated 25.05.2017 rendered inter alia, in ITA 306/2017, titled Pr. Commissioner of Income Tax Central 2 New Delhi v. Meeta Gutgutia Prop. M/s Ferns N Petals. 7. According to us, no substantial question of law arises for our consideration. 8. The appeal is, accordingly, closed. RAJIV SHAKDHER, J

TARA VITASTA GANJU, J

MARCH 21, 2023/pmc

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ITA 166/2023

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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 14:24:18

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