PR. COMMISSIONER OF INCOME TAX, DELHI-1 vs. M/S CBS HOLDING PVT. LTD.
What did the High Court hold?
The High Court condoned the delay in filing the appeal and issued notice to the respondent. The court also directed the appellant to place the AO's reasons to believe on record.
What were the facts?
The Revenue filed an appeal before the High Court against an ITAT order that had remanded the matter to the Assessing Officer. The delay in filing the appeal was 156 days.
What were the issues?
The primary issue was the sustainability of reassessment proceedings initiated by the Assessing Officer based solely on the non-filing of the return of income.
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 689/2023
PR. COMMISSIONER OF INCOME TAX, DELHI-1 ..... Appellant
Through: Mr Vipul Agarwal, Sr. Standing
Counsel.
versus
M/S CBS HOLDING PVT. LTD.
..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R %
05.12.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM No. 62545/2023 [Application filed on behalf of the appellant seeking condonation of delay of 02 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 02 days in re- filing the appeal. 2. Given the period of delay involved, we are inclined to condone the delay in re-filing the appeal. It is ordered accordingly. 3. The application is disposed of, in the aforesaid terms.
ITA 689/2023
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CM No. 62544/2023 [Application filed on behalf of the appellant seeking condonation of delay of 156 days in filing the appeal] 4. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in filing the appeal. 5. According to the appellant/revenue, there is a delay of 156 days in filing the appeal. 6. Issue notice to respondent/assessee via all modes, including email. 7. List the application on 11.01.2024. ITA 689/2023 8. This appeal concerns Assessment Year (AY) 2012-13. 9. Via the instant appeal, the appellant/revenue seeks to assail the order dated 08.12.2022 passed by the Income Tax Appellate Tribunal [in short, “Tribunal”]. 10. To be noted, via the aforesaid order, the Tribunal has remanded the matter to the AO. 11. Mr Vipul Agrawal, learned senior standing counsel, who appears on behalf of appellant/revenue, says that this is a fit case for remanding matter to the Tribunal to, inter alia , determine as to whether the action taken by the Assessing Officer (AO) of triggering the reassessment proceedings was sustainable. 12. We may note that, according to Mr Agrawal, notice under Section 148 of the Income Tax Act, 1961 was issued to the respondent/assessee only on the ground that Return of Income (ROI) for the period in issue had not been filed. Mr Agrawal concedes that there is nothing else stated in the document capturing the reasons to believe. ITA 689/2023
Page 2 of 3 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 13:14:01
List the matter on 11.01.2024. 14. Meanwhile, Mr Agrawal, will place relevant document, in which the AO has recorded reasons to believe, on record of this court before the next date of hearing.
RAJIV SHAKDHER, J
GIRISH KATHPALIA, J DECEMBER 5, 2023/RY
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ITA 689/2023
Page 3 of 3 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 13:14:01
More judgments on Section 148
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- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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