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

$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 381/2024

THE PR. COMMISSIONER OF INCOME TAX -7

.....Appellant Through: Mr. Ruchir Bhatia, SSC with Mr. Anant Mann, Mr. Pratyaksh Gupta, JSCs. Ms. Aditi Sabharwal, Mr. Digvijay Singh Rawat, Mr. Vinod Jain, Mr. Pawan Gaur & Mr. Parikshit Gaur, Advs.

versus

VENUS OVERSEAS PVT. LTD.

.....Respondent

Through: Mr. Kapil Goel, Adv.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R %

24.07.2024

CM APPL. 41408/2024 (Exemption)

Allowed, subject to all just exceptions.

The application stands disposed of. CM APPL. 41409/2024 (600 Days Delay in Refiling)

Bearing in mind the disclosures made, the delay of 600 days in re-filing the appeal is condoned.

Application stands disposed of. ITA 381/2024

of invocation of Section 153C of the Income Tax Act, 1961 [“Act”] is concerned, we note that while dealing with an identical issue in the case of the assessee, we had in ITA 166/2023 upheld the order of the Tribunal, and which had followed the decision rendered by the Court in Commissioner of Income Tax (Central)-III vs. Kabul Chawla [(2015) SCC OnLine Del 11555]. 2. We note that the principles enunciated in the aforesaid decision also stand reiterated in a subsequent judgment of the Court in Saksham Commodities Limited vs. Income Tax Officer, Ward 22(1), Delhi & Anr [2024 SCC OnLine Del 2551]. 3. Consequently, we find no ground to interfere with the order of the Tribunal. The appeal fails and shall stand dismissed.