PR COMMISSIONER OF INCOME TAX CENTRAL vs. SOUL SPACE PROJECTS LTD
What did the High Court hold?
The Tribunal allowed the assessee's cross-objection concerning the extension of the audit timeframe. The High Court noted that the issues in this appeal were similar to another pending appeal and adjourned the hearing.
What were the facts?
The Revenue appealed against an ITAT order that allowed the assessee's cross-objection regarding the extension of time for an audit under Section 142(2A). The AO had obtained approval for the initial audit appointment but sought fresh approval for an extension, which the assessee argued violated Section 142(2C).
What were the issues?
Whether the AO's re-seeking approval from the CIT for an extension of the audit period, after initial approval, violated the provisions of Section 142(2C) of the Income-tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 568/2023
PR COMMISSIONER OF INCOME TAX CENTRAL ..... Appellant Through: Mr Sanjeev Menon, Standing Counsel.
versus
SOUL SPACE PROJECTS LTD
..... Respondent
Through: Mr Rohit Jain with Mr Aniket D.
Agrawal and Mr Abhishek, Singhvi,
Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R %
09.10.2023 Physical Hearing/Hybrid Hearing (as per request)]
ITA 568/2023 & CM No. 51976/2023 [Application filed on behalf of the appellant seeking condonation of delay of 446 days in re-filing the appeal] 1. Mr Sanjeev Menon, learned standing counsel, who appears on behalf of the appellant/revenue, says that the issues that arise in the instant appeal also obtains in ITA No. 526/2023 and that the same is listed on 11.10.2023. 2. Accordingly, list the above-captioned appeal as well as the application on 11.10.2023. 3. We may note that this appeal concerns Assessment Year (AY) 2008- 09. 4. Via, the instant appeal the appellant/revenue seeks to assail the order dated 03.06.2020 passed by the Income Tax Appellate Tribunal [in short, “Tribunal”]. ITA 568/2023
Page 1 of 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 14:25:27
The Tribunal had allowed the cross-objection of the assessee regarding the extension of the timeframe granted by the Assessing Officer (AO) for the conduct of an audit under Section 142(2A) of the Income-tax Act, 1961 [in short, “Act”]. 6. It is not in dispute that the AO had taken the approval of the specified authority i.e., Commissioner of Income Tax [in short, “CIT”] while appointing the auditor. 7. However, when an extension of time was sought by the auditor, on account of the respondent/assessee not cooperating, the AO, once again, sought the approval of the CIT. 8. According to the respondent/assessee, this violated the proviso appended to Section 142(2C) of the Act. 9. The respondent/assessee contends that an extension of the timeframe could have been ordered by the AO on his own i.e., suo motu, or on an application moved by the respondent/assessee, albeit, for any good and sufficient reason. 10. This aspect of the matter will be examined on the next date of hearing. 11. List the matter on 11.10.2023. RAJIV SHAKDHER, J
GIRISH KATHPALIA, J OCTOBER 9, 2023/RY
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ITA 568/2023
Page 2 of 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 14:25:27
More judgments on Section 142(2A)
- Punjab Urban Planning and Development… vs Income Tax Officer, Ward 6(1), MohaliITA 636/CHANDI/2024[2021-22]Status: Disposed1 Oct 2026AY 2021-22
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 635/CHANDI/2024[2017-18]Status: Disposed1 Oct 2026AY 2017-18
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 634/CHANDI/2024[2016-17]Status: Disposed1 Oct 2026AY 2016-17
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 633/CHANDI/2024[2015-16]Status: Disposed1 Oct 2026AY 2015-16
- Trinity Infraventures Limited, New Delhi vs Deputy Commissioner of Income Tax, Central…ITA 788/HYD/2020[2010-11]Status: Disposed23 Sept 2026AY 2010-11
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