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

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ITA - 381 / 2024HC Delhi24 July 20242 pages
For Petitioner: RUCHIR BHATIA
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court upheld the Tribunal's order, finding no grounds to interfere. The court relied on its previous decisions in similar cases concerning the invocation of Section 153C.

What were the facts?

The appeal concerns a search assessment for the block period AY 2006-07 to 2011-12. The primary issue was the validity of invoking Section 153C of the Income Tax Act, 1961.

What were the issues?

The key legal issue was the validity of the invocation of Section 153C of the Income Tax Act, 1961, in the context of a search assessment.

Which sections of the Income-tax Act were involved?

Section 153C

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$~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

1.

This appeal impugns the order of the Income Tax Appellate Tribunal [“Tribunal”] dated 25 August 2020 and pertains to the search assessment which was undertaken for the block period of Assessment Years [“AY”] 2006-07 to 2011-12. Insofar as the validity 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 14:24:45

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.

YASHWANT VARMA, J.

RAVINDER DUDEJA, J. JULY 24, 2024/kk 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 14:24:45

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