PCIT, DELHI-7 vs. M/S RATHI GRAPHICS TECHNOLOGIES LTD.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 522/2022

PCIT, DELHI-7

.... Appellant Through: Mr Sunil Agarwal, Sr Standing Counsel with Mr Tushar Gupta and Mr Utkarsh Tiwari, Advs. versus

M/S RATHI GRAPHICS TECHNOLOGIES LTD. ..... Respondent

Through: None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R %

09.12.2022 [Physical Hearing/Hybrid Hearing (as per request)] CM Appl.53391/2022 1. Allowed, subject to just exceptions. CM Appl.53390/2022 [Application is filed on behalf of the appellant seeking condonation of delay of 123 days in filing the appeal] 2. This is an application filed on behalf of the appellant/assessee seeking condonation of delay in filing the appeal. 2.1 According to the appellant/revenue, there is a delay of 123 days. 3. For the reasons stated in the application, the delay is condoned. 4. The application is disposed of in the aforesaid terms. ITA 522/2022 5. This is an appeal directed against of order dated 24.02.2022 passed by ITA 522/2022

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 13:10:10

the Income Tax Appellate Tribunal [in short “Tribunal”], which concerns Assessment Year (AY) 2013-14. 6. In the instant case, the assessment order was pivoted on the balance sheet of the respondent/assessee. 7. Via the impugned judgement, the Tribunal has ruled in favour of the respondent/assessee. The Tribunal, inter alia, concluded that since incriminating material was not found qua the respondent/assessee, the order framed by the assessing officer was bad in law. 7.1. In reaching this conclusion, the Tribunal has relied upon the judgment of a coordinate bench of this Court dated 28.08.2015, rendered in ITA nos.707/2014, titled Commissioner of Income Tax (Central)-III vs. Kabul Chawla. 8. It is not disputed that the issue raised in the instant matter stands covered against the appellant/revenue by virtue of the aforementioned judgment. 9. Accordingly, the appeal is closed. 10. The Registry is directed to dispatch a copy of this order to respondent.

RAJIV SHAKDHER, J

TARA VITASTA GANJU, J DECEMBER 9, 2022 pmc

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ITA 522/2022

2/2 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 13:10:10